Casey v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Ben B. Law, Judge. Action by "Wiliam B. Casey against tbe Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals from the judgment and from an order denying its motion for new trial. The only. testimony that even tends to justify the verdict is that of the plaintiff himself.
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Appeal from District Court, Gallatin County; Ben B. Law, Judge. Action by "Wiliam B. Casey against tbe Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals from the judgment and from an order denying its motion for new trial. The only. testimony that even tends to justify the verdict is that of the plaintiff himself. If the unsupported testimony of this vitally interested witness is in direct conflict with prior statements of such witness and is impeached and rendered improbable by the conceded facts and circumstances in the case, and also by undisputed physical…
1Opinion of the CourtJustice Holloway
On the evening of March 1, 1917, Northern Pacific freight train No. 1713, westbound, left Winston at 8:03 for East Helena, followed immediately by engine No. 1288, which had assisted the train from Townsend to Winston, and at the latter place had been cut off. The distance from Winston to East Helena is 15.9 miles, bnt on account of train troubles No. 1713 did not reach the East Helena yard limits until 8:52. The train was required to take the siding and moved to and a few feet past the switch before it came to a stop. There were some sixty-four ears in the train, and the caboose stood a…
2Cases cited10 opinions
- Driscoll v. Market Street Cable RailwayCalifornia Supreme Court · 1893
- Groth v. ThomannWisconsin Supreme Court · 1901
- Daniels v. Granite Bi-Metallic Con. Mining Co.Montana Supreme Court · 1919
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Atlanta Railway & Power Co. v. OwensSupreme Court of Georgia · 1904
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3Cited by94 opinions
- Graham v. RolandsonMontana Supreme Court · 1967
- Morton v. MooneyMontana Supreme Court · 1934
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Batchoff v. CraneyMontana Supreme Court · 1946
- Campeau v. LewisMontana Supreme Court · 1965
89 more not listed; retrieve them via the Exa API.