Stricklin v. Chicago, Milwaukee & St. Paul Ry. Co.
Montana Supreme Court
Appeal from District Court, Teton County; J. B. Leslie, Judge. Action by Warren Stricklin, administrator of the estate of Thomas Carter Stricklin, deceased, against the Chicago, Milwaukee & St. Paul Railway Company and another. From a judgment of nonsuit, plaintiff appeals. In the complaint in this action, as in every other complaint, some matters are directly averred, and others are pleaded by reasonable intendment and necessary implication.
Read the full summary
Appeal from District Court, Teton County; J. B. Leslie, Judge. Action by Warren Stricklin, administrator of the estate of Thomas Carter Stricklin, deceased, against the Chicago, Milwaukee & St. Paul Railway Company and another. From a judgment of nonsuit, plaintiff appeals. In the complaint in this action, as in every other complaint, some matters are directly averred, and others are pleaded by reasonable intendment and necessary implication. It is not only permissible that such a method of pleading be resorted to, but it is very necessary for conciseness and to avoid the pleading of minor…
1Opinion of the CourtJustice Holloway
This is an action for damages for death by wrongful act. It is alleged in the complaint, in effect, that on March 6, 1917, Thomas Carter Stricklin was upon a bridge or trestle which formed a part of the track of the defendant railway company’s road; that an unobstructed view of his position could be had for more than half a mile; that he was not observant of the approach of defendant railway company’s locomotive, and that defendants did see, or by the exercise of ordinary care could see, that he was in a position of peril and unobservant of the approach of the locomotive; that he was seen, or…
2Cases cited13 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Jonosky v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Burns v. FisherMontana Supreme Court · 1957
- Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
- Gypsy Oil Co. v. GinnSupreme Court of Oklahoma · 1931
- Ballenger v. TillmanMontana Supreme Court · 1958
- Crenshaw v. CrenshawMontana Supreme Court · 1947
11 more not listed; retrieve them via the Exa API.