George v. Northern Pacific Ry. Co.
Montana Supreme Court
'Appeal from District Court, Custer County; Chas. A. Taylor, Judge. Action by Jake George and another against the Northern Pacific Railway Company. From a judgment for defendant, plaintiffs appeal.
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'Appeal from District Court, Custer County; Chas. A. Taylor, Judge. Action by Jake George and another against the Northern Pacific Railway Company. From a judgment for defendant, plaintiffs appeal. A railroad company is bound to use special care and watchfulness at points on its track where the presence of persons may be reasonably anticipated; and if at such points a person has acted with reasonable care and prudence, but is injured or his property damaged by reason of the negligence of the railroad company, the latter is liable. No burden rests upon one about to cross a railroad track…
1Opinion of the CourtChief Justice Beantly
This action was brought by plaintiffs to recover damages for injury to their automobile alleged to have been caused by the negligence of the defendant.
The defendant’s line of railway passes through the city of Miles City. The record does not disclose definitely its course with reference to the points of the compass. For present purposes it may be described as extending east and west. A street of the city, designated as Main Street, extends north and south over defendant’s track yard at a right angle a short distance west of its station. At this point there are four tracks which, for…
2Cases cited15 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Applegate v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1948
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Page v. New York Realty Co.Montana Supreme Court · 1921
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
27 more not listed; retrieve them via the Exa API.