Legal Opinion

Lyon v. Chicago, Milwaukee & St. P. Ry. Co.

Montana Supreme Court

Decided April 20, 1915No. 3,509PublishedCited by 23 opinions

Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Ella F. Lyon against tbe Chicago, Milwaukee & St. Paul Railway Company and others. From a judgment for defendants, plaintiff appeals. Appellant contends that by defendants’ removing some of the natural ground which served as a bank and leaving the portion which they did to serve as an embankment, and this portion going out, a case was presented to which the doctrine of res ipsa loquitur applied.

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Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Ella F. Lyon against tbe Chicago, Milwaukee & St. Paul Railway Company and others. From a judgment for defendants, plaintiff appeals. Appellant contends that by defendants’ removing some of the natural ground which served as a bank and leaving the portion which they did to serve as an embankment, and this portion going out, a case was presented to which the doctrine of res ipsa loquitur applied. (Hardesty v. Largey Burnt)er Co., 34 Mont. 151, 157, 86 Pac. 29; Dempster v. Oregon Short Line By. Co., 37 Mont. 335, 96…

1Opinion of the CourtJustice Holloway

delivered tbe opinion of tbe court.

This canse was before this court on a former appeal (Lyon v. Chicago, M. & St. P. Ry. Co., 45 Mont. 33, 121 Pac. 886.) Upon the second trial the defendants prevailed and plaintiff has appealed from the adverse judgment. A somewhat extended statement precedes our former opinion, and only such facts will be restated as are necessary to illustrate the single question now presented. The line of the railway company’s road through Hellgate canyon was constructed along the river. At a particular bend in the river near Drummond, earth, rock and gravel were taken…

2Cases cited15 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Benedick v. PottsCourt of Appeals of Maryland · 1898
  3. Kipp v. SilvermanMontana Supreme Court · 1901
  4. Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
  5. Bell v. Incorporated Town of ClarionSupreme Court of Iowa · 1901

10 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Maki v. Murray HospitalMontana Supreme Court · 1932
  2. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  3. Vonault v. O'RourkeMontana Supreme Court · 1934
  4. Mellon v. KellyMontana Supreme Court · 1935
  5. Connor v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1922

18 more not listed; retrieve them via the Exa API.

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