Haddox v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; Llew. L. Calla-way, Judge. Action by Thomas Haddox against the Northern Pacific Railway Company, a corporation, and another. Judgment for defendants, and plaintiff appeals. The acts of the defendant engineer have been tersely defined and the law relative thereto has been clearly set forth in one sentence.
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Appeal from District Court, Jefferson County; Llew. L. Calla-way, Judge. Action by Thomas Haddox against the Northern Pacific Railway Company, a corporation, and another. Judgment for defendants, and plaintiff appeals. The acts of the defendant engineer have been tersely defined and the law relative thereto has been clearly set forth in one sentence. After speaking of the presumption that an engineer may indulge — that a person will leave the track at the sound of the whistle, and admitting its general force and effect — the supreme court of Missouri added as its reason for affirming a…
1Opinion of the CourtJustice Smith
On January 20, 1909, Omer Haddox, about fourteen years of age, a son of the plaintiff, was struck by an engine of the defendant company, in its yards at Whitehall, and killed. The engine was in charge of engineer Thomas Barry. The complaint alleges that Barry willfully and intentionally drove the engine against the boy at a rate of speed in excess of thirty miles per hour. The closing allegation is that the acts of the defendants were “willful, intentional, and in criminal disregard of the life and safety of the boy.” No negligence is charged. Compensatory and punitive damages are demanded.…
2Cases cited8 opinions
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Beeler v. Butte & London Copper Development Co.Montana Supreme Court · 1910
- Neary v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
- Egan v. Montana Central Railway Co.Montana Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Nichols v. New York Life InsuranceMontana Supreme Court · 1930
- Higby v. HooperMontana Supreme Court · 1950
- Sylvain v. PageMontana Supreme Court · 1929
- State Ex Rel. Nagle v. NaughtonMontana Supreme Court · 1936
17 more not listed; retrieve them via the Exa API.