Meehan v. Great Northern Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj John B. Mc-Clernan, Judge. Action by Katherine Meehan, as administratrix of the estate of John Meehan, deceased, against the Great Northern Bailway Company. From a judgment for - defendant, plaintiff appeals. Contributory negligence cannot be imputed to the deceased. It is a matter requiring affirmative showing, and the affirmative showing must come from the defendant. (Sprague v. Northern Pac. By.
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Appeal from District Court, Silver Bow Countyj John B. Mc-Clernan, Judge. Action by Katherine Meehan, as administratrix of the estate of John Meehan, deceased, against the Great Northern Bailway Company. From a judgment for - defendant, plaintiff appeals. Contributory negligence cannot be imputed to the deceased. It is a matter requiring affirmative showing, and the affirmative showing must come from the defendant. (Sprague v. Northern Pac. By. Co., 40 Mont. 487, 107 Pac. 412; C. & 0. By. v. Steele, 84 Fed. 93, 29 C. C. A. 81; C. B. I. & P. By. v. Minds, 56 Kan. 758, 44 Pac. 993; Washington…
1Opinion of the CourtJustice Smith
This cause was submitted to the district court of Silver Bow county, sitting without a jury, upon an agreed statement of facts. The court found in favor of the defendant Great Northern Eailway Company (the other defendants having been dismissed from the action), and judgment was entered accordingly. From that judgment, an appeal has been taken.
From the statement it appears that two tracks of the defendant company, known as the “Stockyards” and “Y” tracks, extend through the city of Butte; that Warren avenue, so-called, extends from a northerly direction up to the right of way of the railway…
2Cases cited10 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Ball v. GussenhovenMontana Supreme Court · 1904
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Higley v. GilmerMontana Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Page v. New York Realty Co.Montana Supreme Court · 1921
- McPherson v. First Presbyterian Church of WoodwardSupreme Court of Oklahoma · 1926
- Molt v. Northern Pacific Railway Co.Montana Supreme Court · 1912
15 more not listed; retrieve them via the Exa API.