Legal Opinion

Alexander v. Great Northern Ry. Co.

Montana Supreme Court

Decided January 20, 1916No. 3,574PublishedCited by 13 opinions

Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by J. C. Alexander, as administrator of tbe estate of John P. Hall, deceased, against the Great Northern Railway Company. From a judgment in plaintiff’s favor and from an order denying its motion for a new trial, defendant appeals. This is not a case of interstate commerce. The federal Act requires that two facts must exist before a case will come within its provisions.

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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by J. C. Alexander, as administrator of tbe estate of John P. Hall, deceased, against the Great Northern Railway Company. From a judgment in plaintiff’s favor and from an order denying its motion for a new trial, defendant appeals. This is not a case of interstate commerce. The federal Act requires that two facts must exist before a case will come within its provisions. First, the defendant must, at the time and in the work in question, be engaged in interstate commerce, and, second, the injured party must similarly,…

1Opinion of the CourtJustice Sanneb

On October 11, 1911, John P. Hall, a conductor in the service of the Great Northern Bailway Company, was killed near Batavia, in Flathead county, this state, as the result of a derailment of his caboose consequent upon a collision of his train with a cow. This action, brought to recover for his death, resulted in a verdict against the company, upon which verdict judgment was duly entered. From that judgment as well as from an order denying it a new trial, the company has appealed.

A reversal is sought upon four grounds, viz.: (1) The complaint alleges, but the proof does not establish, that…

2Cases cited26 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  3. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  4. Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
  5. Delaware, Lackawanna & Western Railroad v. YurkonisSupreme Court of the United States · 1915

21 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Nelson & Witt v. Texas Co.Michigan Supreme Court · 1931
  2. Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
  3. Morelli v. Twohy Bros.Montana Supreme Court · 1918
  4. Matson v. HinesMontana Supreme Court · 1922
  5. Glover v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1918

8 more not listed; retrieve them via the Exa API.

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