Menard v. Montana Central Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis arid Clarke County/ Henry N. Blake, Judge. Action by Edward Menard against the Montana - Central Railway Company. • A verdict was directed for plaintiff, and judgment entered thereon, and from an order granting a new trial plaintiff appeals. Citing: Constitution, Art. XY, Secs. 1, 3, 8; Hays v. Com., 82 Pa.
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Appeal from District Court, Lewis arid Clarke County/ Henry N. Blake, Judge. Action by Edward Menard against the Montana - Central Railway Company. • A verdict was directed for plaintiff, and judgment entered thereon, and from an order granting a new trial plaintiff appeals. Citing: Constitution, Art. XY, Secs. 1, 3, 8; Hays v. Com., 82 Pa. St. 524; DeMoss v. Newton, 31 Ind. 219; Price v. Hopkins, 13 Mich. 318; McGahey v. Virginia, 135 U. S. 662; Pereles v. Watertown, 6 Biss. ,79; Civil Code, Sec. 950 et seq; Cooley on Const. Lim. 483 et seq; Bates v. Fremont Co., 57 N. W. 72; Hindman v.…
1Opinion of the CourtPigott, J.
This was an action to recover §250 as dam ages for the killing by defendant in 1895 and 1896 of three cows and one horse, the property of plaintiff. The complaint is in two counts, stated as two causes of action. In the first count the allegations are to the effect that the defendant, a domestic railway corporation, so negligently ran and- managed its trains that they ran over. the animals, which had casually strayed upon the track. The second cause of action is stated to consist of the matter alleged in the first, together *342with the further averments that the “defendant did not'make or…
2Cases cited11 opinions
- Kauffman v. MaierCalifornia Supreme Court · 1892
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Murray v. HauserMontana Supreme Court · 1898
- Murphy v. Pacific BankCalifornia Supreme Court · 1897
- Rowland v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- James v. ColemanSupreme Court of Oklahoma · 1917
- Ebaugh v. BurnsMontana Supreme Court · 1922
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- State v. FosterMontana Supreme Court · 1901
12 more not listed; retrieve them via the Exa API.