Goodwell v. Montana Central Railway Co.
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action for damages for personal injuries. The cause was tried before McHatton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This was an action brought by plaintiff against the defendant to recover damages from the defendant company, alleged to have been sustained on account of defendant’s negligence.
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Appeal from Second Judicial District, Silver Bow County. Action for damages for personal injuries. The cause was tried before McHatton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This was an action brought by plaintiff against the defendant to recover damages from the defendant company, alleged to have been sustained on account of defendant’s negligence. Plaintiff was a laborer in the service of the defendant when he was injured. The defendant denied the injury, and denied any negligence, and alleged that at the times mentioned in plaintiff’s…
1Opinion of the CourtHunt, J.
This case presents for decision the question whether the foreman or boss of the small extra gang of about six men engaged in repairing the defendant’s railroad, and the plaintiff, a laborer in the gang, were fellow servants of the railroad company, so as to preclude the plaintiff from recovering damages from the company for personal injuries caused by the negligence of the boss.
Since the decision of this court on the rehearing of the case of Crisswell v. Railroad Co., ante, page 167, announcing that the statute of the territory of Montana, which modified the common law rule of the liability…
Also in this document: Concurrence.
2Cases cited5 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Kelley v. Fourth of July Mining Co.Montana Supreme Court · 1895
- Northern Pac. R. Co. v. PetersonCourt of Appeals for the Eighth Circuit · 1892
3Cited by10 opinions
- Johnson v. Butte & Superior Copper Co.Montana Supreme Court · 1910
- Grant v. NihillMontana Supreme Court · 1922
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
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