John v. Northern Pacific Railway Co.
Montana Supreme Court
"Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action- by Terry A. John against the Northern Pacific Railway Company and another. From a judgment against the de-' fendant named, and from an. order denying a motion for new trial, it appeals. The pass exemption contract is a complete defense.
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"Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action- by Terry A. John against the Northern Pacific Railway Company and another. From a judgment against the de-' fendant named, and from an. order denying a motion for new trial, it appeals. The pass exemption contract is a complete defense. While a carrier for reward, at the common law, might not exonerate himself from any -aet of negligence however slight, this prohibition was founded upon principles of public policy, viz., (1) that the carrier for reward was a public servant who had no option to decline the…
1Opinion of the CourtJustice Smith
This is an appeal by the railway company defendant from a judgment pronounced against it on the verdict of a jury in Silver Bow county, for $25,000, and costs; also from an order denying it a new trial. The defendant Skones was released from liability on motion for a directed verdict.
The complaint charged that on August 11, 1907, at Butte, the railway company received plaintiff on its passenger train, “and undertook and agreed to transfer him from Butte to Miles City for a certain reward," and that it was its duty to carry him “in safety and with due and proper care.” It further charged that…
2Cases cited26 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- Brown v. DavisCalifornia Court of Appeal · 1927
- State v. HayMontana Supreme Court · 1948
- Green v. GreenMontana Supreme Court · 1978
- Liston v. ReynoldsMontana Supreme Court · 1923
14 more not listed; retrieve them via the Exa API.