Gates v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Missoula County; Henry L. Myers, Judge. Action by A. M. Gates against the Northern Pacific Eailway Company and another. From a judgment for plaintiff, defendants appeal. The “Turntable” doctrine applies only where children have been enticed or allured by some dangerous machinery capable of being used and actually used as a plaything. The various courts that recognize and apply the doctrine are careful to note this limitation of it.
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Appeal from District Court, Missoula County; Henry L. Myers, Judge. Action by A. M. Gates against the Northern Pacific Eailway Company and another. From a judgment for plaintiff, defendants appeal. The “Turntable” doctrine applies only where children have been enticed or allured by some dangerous machinery capable of being used and actually used as a plaything. The various courts that recognize and apply the doctrine are careful to note this limitation of it. (Batte v. Dawson, 50 Minn. 450,- 52 N. W. 965; Stendal v. Boyd, 73 Minn. 53, 72 Am. St. Bep. 597, 75 N. W. 735, 42 L. B. A. 288; Moran…
1Opinion of the CourtJustice Smith
The following statement of the facts in this case is adopted from the brief of the appellant, supplemented by certain suggestions made by the respondent: This action was brought by plaintiff in Missoula county to recover damages for the death of his eleven year old son, Amos Gates, who was killed on the afternoon of June 14,1906. On June 13,1906, the defendant Heaney was in the employ of the defendant railway company at Missoula as foreman of a crew of men employed in the yards. Sometime during the forenoon of that day the men under his charge took the body or wooden part of a worn-out coal…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897
- Driscoll v. ClarkMontana Supreme Court · 1905
- Egan v. Montana Central Railway Co.Montana Supreme Court · 1901
- Stout v. Sioux City & P. R. Co.U.S. Circuit Court for the District of Nebraska · 1872
3Cited by16 opinions
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- Gilligan v. City of ButteMontana Supreme Court · 1946
- Martin v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
- Nichols v. Consolidated Dairies of Lake County, Inc.Montana Supreme Court · 1952
- Merle H. Johnson, Administrator of the Estate of Stanley Matt Johnson v. United States of America, Merle H. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1959
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