Batch v. Helena Light & Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Mary Batch against the Helena Light & Bailway Company and another. From a judgment for defendant, and an order denying a motion for new trial, plaintiff appeals. Plaintiff having proven by competent testimony the happening of the accident, the burden was then upon the defendants to prove that they had done everything which the law required them to do to avoid the accident.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Mary Batch against the Helena Light & Bailway Company and another. From a judgment for defendant, and an order denying a motion for new trial, plaintiff appeals. Plaintiff having proven by competent testimony the happening of the accident, the burden was then upon the defendants to prove that they had done everything which the law required them to do to avoid the accident. This they failed to do. (Emerson v. Butte Electric By. Go., 46 Mont. 454, 458, 129 Pac. 319; Bond v. United Railroads of San Francisco, 24…
1Opinion of the CourtJustice Sanner
delivered the opiniqn of the court.
The plaintiff by this action sought damages for personal injuries which she claims to have sustained while traveling as a passenger for hire on one of the street-cars of the defendant Helena Light & Railway- Company bound for Kenwood, a suburb of this city. The undisputed facts are: That at the end of the ear and just under the roof there was a device for registering fares, worked by means of a bar extending the length of the car, to which, at intervals, straps were attached in pairs, one of such straps being on one side of the bar for tickets, and one on…
2Cases cited9 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Leonard v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Texas & P. Ry. Co. v. AllenCourt of Appeals for the Fifth Circuit · 1902
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3Cited by2 opinions
- Nelson v. American Airlines, Inc.California Court of Appeal · 1968
- Satterlee v. Lumberman's Mutual Casualty Co.Montana Supreme Court · 2009