McMaster v. Montana Union Railway Co.
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action for damages. The cause was tried before Durfee, J. Plaintiff had judgment below. This action is based upon the statute in force prior to the Act of March 2, 1891, and comes clearly within the rule laid down in the case of Bielenberg v. Montana Union Ry.
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Appeal from Third Judicial District, Deer Lodge County. Action for damages. The cause was tried before Durfee, J. Plaintiff had judgment below. This action is based upon the statute in force prior to the Act of March 2, 1891, and comes clearly within the rule laid down in the case of Bielenberg v. Montana Union Ry. Co. 8 Mont. 271. So that if there was no neglignce on the part of the defendant directly contributing to the killing of the animals, and especially no negligence on the part of its servants in the handling of the train —in other words, if the defendant was in the exercise of…
1DissentDe Witt, J.
It is claimed that negligence by defendant is shown in two respects: —
1. In not keeping the gates mentioned closed and locked. In the complaint the negligence alleged isas follows: “That the said defendant, by its agents and servants, not regarding its *190duty in that respect, so carelessly and negligently ran and man-, aged said locomotive and cars on the said twenty-third day of September, A. I). 1890, that the same ran against and over the said horses of the said plaintiff, and killed and destroyed the same.” This is denied by the answer. Negligence in leaving the gates open or unlocked is…
2Cases cited1 opinion
- Sweeney v. Great Falls & Canada Railway Co.Montana Supreme Court · 1892