Legal Opinion
Kussler v. Burlington Northern, Inc.
Montana Supreme Court
Decided February 11, 1980No. 14851PublishedCited by 19 opinions
1Opinion of the CourtChief Justice Haswell
The District Court granted the defendants’ motion for summary judgment. From this judgment the plaintiff appeals.
The plaintiff’s husband was killed on June 12, 1975, ata railroad crossing when the van in which he was riding as a passenger collided with a Burlington Northern coal train. The van was owned by William O. Penn, but was being driven by Jerry Dewey, with the permission of Penn.
On June 2, 1978, the plaintiff filed a wrongful death and survivorship action against the Burlington Northern and the State of Montana, alleging that the railroad crossing was extrahazardous by reason of the…
2Cases cited10 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
- Montana Horse Products Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
- Breen v. PeckSupreme Court of New Jersey · 1958
- Black v. MartinMontana Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State Ex Rel. Deere & Co. v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1986
- Tribby v. Northwestern Bank of Great FallsMontana Supreme Court · 1985
- Cunningham v. BrownCourt of Appeals of North Carolina · 1981
- Anderson v. BakerMontana Supreme Court · 1982
- Durden v. Hydro Flame Corp.Montana Supreme Court · 1999
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