Dunseth v. Butte Electric Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by Sara Dunseth against the Butte Electric Bailway Company. Judgment for plaintiff, and the defendant appeals. The direction of a verdict in the federal courts is a function which the court not only may perform, but which, in a proper ease, it is bound to perform, and for failure to perform which error may be assigned.
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Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by Sara Dunseth against the Butte Electric Bailway Company. Judgment for plaintiff, and the defendant appeals. The direction of a verdict in the federal courts is a function which the court not only may perform, but which, in a proper ease, it is bound to perform, and for failure to perform which error may be assigned. (Rose’s Code of Federal Procedure, pp. 866, 867, see. 918a.) And tbe doctrine that a mere scintilla of evidence is not enough to prevent a federal court from directing a verdict is well…
1Opinion of the CourtJustice Smith
This is an action brought in Silver Bow county to recover damages for personal injuries alleged to have been received by the plaintiff while alighting from a car of the defendant company on which she had been a passenger in the city of Butte. The defendant McConkey is alleged to have been the conductor, and the defendant Lang, the motorman, in charge of the car. The injuries complained of were sustained on May 29, 1907. The cause of action is based upon the allegation in the complaint that while the plaintiff had one foot upon the ground, and was in the act of alighting from the car, which…
2Cases cited13 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Creek v. McManusMontana Supreme Court · 1893
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Kleinschmidt v. BinzelMontana Supreme Court · 1894
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Smith v. SmithMontana Supreme Court · 1921
- McCulloch v. HortonMontana Supreme Court · 1936
- Libin v. HuffineMontana Supreme Court · 1950
- Woodward v. PerkinsMontana Supreme Court · 1946
15 more not listed; retrieve them via the Exa API.