Yergy v. Helena Light & Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Thos. C. Bach, Judge. Action by Mary Alice Yergy, executrix of George O. Yergy, deceased, against the Helena Light and Bailway Company and Stephen Peterson. Judgment for plaintiff, and defendants appeal. Negligence is a relative term and consists in a failure to do something which, under the circumstances of the particular case, it became the duty of the person charged to do.
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Appeal from District Court, Lewis and Clark County; Thos. C. Bach, Judge. Action by Mary Alice Yergy, executrix of George O. Yergy, deceased, against the Helena Light and Bailway Company and Stephen Peterson. Judgment for plaintiff, and defendants appeal. Negligence is a relative term and consists in a failure to do something which, under the circumstances of the particular case, it became the duty of the person charged to do. The duty of t'he operatives of a street railway at a crossing is no greater than the duty of persons intending to cross the tracks, taking into consideration the…
1Opinion of the CourtJustice Smith
These are appeals from a judgment entered on the verdict of a jury, and from an order denying a new trial, in a case in which Mary Alice Yergy, as executrix, the plaintiff, was awarded damages in the sum of $40,000 on account of the alleged negligence of the defendants, the Helena Light and Railway Company and Stephen Peterson, its motorman, resulting in the death of plaintiff’s husband, George .0. Yergy, a lumber dealer in the city of Helena. The death occurred on December 1, 1906, and resulted from a collision between one of the defendant company’s street railway cars propelled by…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Alderson v. MarshallMontana Supreme Court · 1888
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1901
- Storm v. City of ButteMontana Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Frederick v. HaleMontana Supreme Court · 1910
- State ex rel. La France Copper Co. v. District CourtMontana Supreme Court · 1909
- Copenhaver v. Northern Pacific Railway Co.Montana Supreme Court · 1911
- Forquer v. NorthMontana Supreme Court · 1910
16 more not listed; retrieve them via the Exa API.