Hunter v. Montana Central Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis cmd Clcurke County• Henry H. Blake, Judge. Action by Herbert Hunter and others against the Montana Central Railway Company. There was a judgment for defendant, and plaintiffs appeal. Statement of the case by the Justice delivering the opinion. Action by the heirs of Henry N. Hunter for damages for injuries resulting in his death.
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Appeal from District Court, Lewis cmd Clcurke County• Henry H. Blake, Judge. Action by Herbert Hunter and others against the Montana Central Railway Company. There was a judgment for defendant, and plaintiffs appeal. Statement of the case by the Justice delivering the opinion. Action by the heirs of Henry N. Hunter for damages for injuries resulting in his death. The accident in which the injuries were received occurred in Jefferson county, at a crossing of a public highway leading from Lump City to Hartford over the defendant’s road at or near the latter place. On January 13, 1896, at about…
1Opinion of the CourtBrantly, C. J.
1. Plaintiffs except to the ruling of the *530court in refusing to permit the witness Reed to answer the -question, “What have you to say as to whether or not, under the circumstances, it was the best thing to do ?” The purpose -of the question was to draw out the opinion of the witness as to the propriety of putting the team over in front of the train. There was no error in this ruling. This witness had already stated that, in his opinion, this was the only thing to do to avoid a collision. Wallace and Chestnut also testified to the same effect. Nothing was to be gained by a repetition.
2. The…
2Cases cited17 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BurtonIndiana Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Conway v. Monidah TrustMontana Supreme Court · 1913
28 more not listed; retrieve them via the Exa API.