Puckett v. Sherman & Reed
Montana Supreme Court
Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by C. T. Puckett against Sberman & Reed, a corporation. From judgment for plaintiff and from order denying a new trial, the defendant appeals. Appellant concedes that contributory negligence is not pleaded as the rule requires, and bases his contention on a supposed presumption of contributory negligence raised by respondent’s case.
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Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by C. T. Puckett against Sberman & Reed, a corporation. From judgment for plaintiff and from order denying a new trial, the defendant appeals. Appellant concedes that contributory negligence is not pleaded as the rule requires, and bases his contention on a supposed presumption of contributory negligence raised by respondent’s case. From the testimony it appears clearly that as a- result of the negligent act of appellant’s agent, respondent was in a place of danger and that he was acting under the impulse of…
1Opinion of the CourtJustice Holloway
This action was instituted to recover damages for personal injuries and the destruction of property occasioned by a collision between plaintiff’s motorcycle and defendant’s automobile. Plaintiff prevailed in the lower court, and defendant appealed from the judgment and from an order denying a new trial.
Main Street, running north and south in the city of Butte, crosses Granite Street at right angles in the business district of the city. Plaintiff was riding upon his motorcycle going *398north on the east side of Main Street, and crossing Granite Street, when Arthur Leland, driving one of…
2Cases cited3 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
3Cited by18 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- O'BRIEN v. Great Northern Railroad CompanyMontana Supreme Court · 1966
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Marsh v. AyersMontana Supreme Court · 1927
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