Keith v. Great Northern Railway Co.
Montana Supreme Court
'Appeal from District Court, Lewis and Cla/rk County; B. Lee Word, Judge. • Action by Forrest E. Keith against the Great Northern Railway Company. Judgment for plaintiff. Defendant appeals. It was contended on the trial that the opinions of this court in the Mason Case (Mason v. Northern Pac.
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'Appeal from District Court, Lewis and Cla/rk County; B. Lee Word, Judge. • Action by Forrest E. Keith against the Great Northern Railway Company. Judgment for plaintiff. Defendant appeals. It was contended on the trial that the opinions of this court in the Mason Case (Mason v. Northern Pac. B. Co., 45 Mont. 474, 124 Pac. 271) and the Walters Case (Walters v. Chicago, M. & P. S. B. Co., 47 Mont. 501, 46 L. R. A. (n. s.) 702, 133 Pac. 357) had so modified the “stop, look and listen” doctrine, that the rules enunciated in the Hunter Case (Hunter v. Montana Cent. B. Co., 22 Mont. 525, 57 Pac.…
1Opinion of the CourtJustice Reynolds
Plaintiff brought action against defendant to recover damages to a Ford automobile and sewing-machine by reason of *508their being struck by a train of defendant company at its crossing on Oak Street, in the city of Helena. Verdict and judgment were rendered in favor of plaintiff. Defendant appeals from the judgment.
The vital point involved in these appeals is whether or not plaintiff was guilty of contributory negligence as a matter of law, barring his recovery. The evidence discloses the following undisputed facts: Oak Street runs in a northerly and southerly direction. As plaintiff approached…
2Cases cited4 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Sprague v. Northern Pacific Railway Co.Montana Supreme Court · 1910
3Cited by15 opinions
- 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
- Monforton v. Northern Pacific Railway CompanyMontana Supreme Court · 1960
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