Rogness v. Northern Pacific Ry. Co.
Montana Supreme Court
'Appeals froth, District Court, Carlton County; A. C. Spencer, Judge. Action by Neis T. Rogness against the Northern Pacific Railway Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals.
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'Appeals froth, District Court, Carlton County; A. C. Spencer, Judge. Action by Neis T. Rogness against the Northern Pacific Railway Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals. Where general allegations of negligence are made in the complaint, which are too indefinite to inform defendant of the. specific acts or injuries relied upon, the defendant is entitled to a bill of particulars to enable him to prepare his pleadings and for trial and to guard against surprises. {Gordon v. Northern Pacific By. Go., 39 Mont. 571, 18 Ann. Cas.…
1Opinion of the CourtJustice Reynolds
This action was commenced to recover damages to a shipment of two carloads of cattle from Silesia, Montana, to Chicago, Illinois. Judgment was entered for plaintiff. Motion for new trial was made and overruled. Appeal is from the judgment and order overruling the motion.
The cause of action is based upon alleged negligence of the defendant in rough handling of the shipment, unreasonably slow movement in transportation, failure to furnish reasonable facilities for unloading, feeding, watering and resting the cattle from time to time while in transit, and in using dogs of vicious character and…
2Cases cited12 opinions
- Murphy v. NettMontana Supreme Court · 1911
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Lehane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
- Toole v. WeirickMontana Supreme Court · 1909
- Dorais v. DollMontana Supreme Court · 1905
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3Cited by12 opinions
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- Davis v. FreisheimerMontana Supreme Court · 1923
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