Bielenberg v. Montana Union Railway Co.
Montana Supreme Court
Appeal from the Second Judicial District, Deer Lodge County. STATEMENT. The action was to recover two hundred and fifty dollars, the value of a horse killed by a train on the track of the Montana Union Bailway Company. The plaintiff recovered a judgment for said sum. - If the defendant railroad company exercises due care, it is guilty of no negligence, and if the accident was unavoidable, then the plaintiff cannot recover.
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Appeal from the Second Judicial District, Deer Lodge County. STATEMENT. The action was to recover two hundred and fifty dollars, the value of a horse killed by a train on the track of the Montana Union Bailway Company. The plaintiff recovered a judgment for said sum. - If the defendant railroad company exercises due care, it is guilty of no negligence, and if the accident was unavoidable, then the plaintiff cannot recover. ( Walsh v. V. & T. R. R. Co. 8 Nev. 110; A. T. & S. F. R. R. Co. v. Belts, 10 Colo. 431; W. St. L. & P. Ry. Co. v. Loche, 112 Ind. 404 ; 2 Am. St. Bep. 193; K. C. L. & S.…
1Opinion of the CourtBach, J.
This action is for damages for the alleged negligent killing of plaintiff’s horse by defendant, upon its railroad. The defendant appeals from the order denying a new trial. One of the alleged errors relied upon by appellant is the following instruction given by the court at the request of respondent: “ Under the laws of this Territory, the killing being proved, or being admitted, as in this case, the negligence of the defendant must be presumed, and the burden of proving the exercise of due care devolves upon the defendant; and unless the defendant shows that it exercised reasonable care and…
2Cases cited7 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Rodemacher v. Mil. & St. P. R'y Co.Supreme Court of Iowa · 1875
- Ohio & Mississippi Railroad v. McClellandIllinois Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Shea v. North-Butte Mining Co.Montana Supreme Court · 1919
- Vandalia Railroad v. StillwellIndiana Supreme Court · 1914
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1914
- Dewell v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.