Legal Opinion

Jenkins v. Northern Pacific Ry. Co.

Montana Supreme Court

Decided December 8, 1911No. 3,032PublishedCited by 10 opinions

Appeal from District Court, Yellowstone County; Frank Henry, Judge. Action by Margaret Jenkins against tbe Northern Pacific Railway Company. From, a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

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Appeal from District Court, Yellowstone County; Frank Henry, Judge. Action by Margaret Jenkins against tbe Northern Pacific Railway Company. From, a judgment for plaintiff, and from an order denying a new trial, defendant appeals. To constitute a cause of action for a tort, it is necessary that there should be (a) some right existing in the plaintiff, (b) some duty on the part of defendant to respect that right, (c) a breach of that duty by defendant, and (d) injury and damage as a result thereof. (Dillon v. Gt. Northern By. Co., 38 Mont. 485, 100 Pae. 960.) "With respect to the complaint in…

1Opinion of the CourtJustice Smith

Action to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant. Appeals from a judgment on verdict for the plaintiff, and from an order denying a new trial.

The complaint alleges that the defendant corporation “operated a line of railroad in and through the city of Billings, and in connection therewith maintained and operated a passenger station, platform, and sidetracks in said city for the purpose of accommodating passengers using said line of railway and persons traveling to and from the city of Billings by rail- • road.” This…

2Cases cited2 opinions

  1. Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
  2. Gordon v. Northern Pacific Railway Co.Montana Supreme Court · 1909

3Cited by10 opinions

  1. Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
  2. Mellon v. KellyMontana Supreme Court · 1935
  3. Zanos v. Great Northern Ry. Co.Montana Supreme Court · 1921
  4. Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
  5. McCulloch v. HortonMontana Supreme Court · 1937

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