Lyon v. Chicago, Milwaukee & St. P. Ry. Co.
Montana Supreme Court
Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Ella F. Lyon against the Chicago, Milwaukee and St. Paul Eailway Company of Montana and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. argued the cause orally.
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Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Ella F. Lyon against the Chicago, Milwaukee and St. Paul Eailway Company of Montana and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. argued the cause orally. It is our contention that the law laid down by the trial court is not the law which governs eases involving the original right to construct works with its attendant anticipatory degree of care, such as would arise in the ease at bar. The rule of law declared by it is principally that imposed upon common carriers in…
1Opinion of the CourtJustice Smith
The complaint in this action charges that on the third day of June, 1908, and for a long time prior thereto, the defendants were engaged in the construction of a railroad grade and roadbed through the county of Granite, and through and adjacent to the premises of the plaintiff; that they constructed said roadbed and grade close to the Hellgate river, and in so constructing the same at and near the premises of the plaintiff they “negligently made and caused to be made an excavation and cut [hereafter called a ‘borrow pit’] close to said river, and to a depth below the natural bed of said…
2Cases cited10 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Frederick v. HaleMontana Supreme Court · 1910
- Polack v. PiocheCalifornia Supreme Court · 1868
- Baltimore & Ohio Railroad v. Sulphur Spring Independent School DistrictSupreme Court of Pennsylvania · 1880
- Meisner v. City of DillonMontana Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jacoby v. City of GilletteWyoming Supreme Court · 1946
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Bratton v. RudnickMassachusetts Supreme Judicial Court · 1933
- Lyon v. Chicago, Milwaukee & St. P. Ry. Co.Montana Supreme Court · 1915
- A. M. Holter Hardware Co. v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.