Westerdale v. Northern Pacific Railway Co.

On June 15, 1927, Lyle Westerdale and Alfred Schnider, both then of the age of seventeen years, were riding in a Ford automobile driven by the former on a public highway about two and one-half miles east of Bozeman, Montana. As the automobile was crossing the railroad tracks of the defendant company at what is known as the Fort Ellis crossing, it was struck by an engine of the defendant company, operated by the defendant Magnuson as engineer. The Westerdale boy was killed and the Schnider boy seriously injured. Andrew Westerdale, father of Lyle Westerdale, brought action to recover damages…