Anderson v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Lewis cmd Clark County; J. M. Clements, Judge. Action by Harry Anderson against tbe Northern Pacific Railway Company and the Helena and Livingston Smelting and Reduction Company. Judgment for plaintiff. Defendants appeal. Affirmed as to defendant smelting company; reversed and new trial ordered as to defendant railway company.
Read the full summary
Appeal from District Court, Lewis cmd Clark County; J. M. Clements, Judge. Action by Harry Anderson against tbe Northern Pacific Railway Company and the Helena and Livingston Smelting and Reduction Company. Judgment for plaintiff. Defendants appeal. Affirmed as to defendant smelting company; reversed and new trial ordered as to defendant railway company. The motion for a nonsuit presented to the court this question: May a man, in the full possession of his faculties, of long experience in the work at which he was employed, in broad daylight, on a clear day, stand facing a trestle of the size…
1Opinion of the CourtJustice Holloway
Harry Anderson, the respondent, was a freight brakeman employed by the Northern Pacific Railway Company. In September, 1903, he was injured while in the performance of his duties, and brought this action to recover damages from the railway company and from the Helena and Livingston Smelting and Reduction Company, alleging negligence on the part of the defendant smelting company in constructing and maintaining, and on the part of the railway company in permitting the construetión and maintenance of, a certain bridge or trestle over the track of the railway company at the smelting-company’s…
2Cases cited8 opinions
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Jennings v. Tacoma Railway & Motor Co.Washington Supreme Court · 1893
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Capital Lumber Co. v. BarthMontana Supreme Court · 1905
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
- Boyd v. Great Northern Railway Co.Montana Supreme Court · 1929
- Stephens v. ElliottMontana Supreme Court · 1907
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
20 more not listed; retrieve them via the Exa API.