Legal Opinion

Nelson v. Great Northern Railway Co.

Montana Supreme Court

Decided June 1, 1903No. 1,522PublishedCited by 36 opinions

Appeal from District Court, Lewis and Clarice County; TL. G. Smith, Judge. ActioN by H. H. Nelson against tbe Great Northern Railway Company. From a judgment for plaintiff, and from an order overruling defendant’s motion for a new trial, defendant ajjpeals. As to the nature of the complaint, and the cause of action set up therein, see Hutchinson on Carriers, Secs. 738-747; City of Great Falls v. Hanks, 21 Mont. 83; Stark v. Wellman, 96 Cal. 400 ; Sanford v. Am. Dist. Tel.

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Appeal from District Court, Lewis and Clarice County; TL. G. Smith, Judge. ActioN by H. H. Nelson against tbe Great Northern Railway Company. From a judgment for plaintiff, and from an order overruling defendant’s motion for a new trial, defendant ajjpeals. As to the nature of the complaint, and the cause of action set up therein, see Hutchinson on Carriers, Secs. 738-747; City of Great Falls v. Hanks, 21 Mont. 83; Stark v. Wellman, 96 Cal. 400 ; Sanford v. Am. Dist. Tel. Co., 34 N. Y. Supp’. 144; Rothschild v. Grand Trunk Ry. Co., 10 N. Y. Supp-. 36. In the court belo-w the plaintiff broadly…

1Opinion of the Court

ME. COMMISSIONER POOEMAN

prepared the opinion for the cousrt.

This action is brought to recover damages claimed to have been sustained by the plaintiff as a shipper of live stock over defendant’s line of railroad. The pleadings filed by the parties *306are substantially as follows, in so far as it is necessary to consider tbe sainé and the questions raised in this cáse:

The first three allegations of the complaint are to the effect: That plaintiff is a resident of Montana. That defendant is a corporation duly incorporated, > and was a.t the time operating a line of railroad from the city of St. Paul…

2Cases cited54 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  3. New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
  4. Express Co. v. CaldwellSupreme Court of the United States · 1875
  5. Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876

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

3Cited by36 opinions

  1. Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  2. Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
  3. Hefferlin v. KarlmanMontana Supreme Court · 1903
  4. Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
  5. Swiney v. American Express Co.Supreme Court of Iowa · 1908

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

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