Griffin v. Chicago, Milwaukee & St. Paul Ry. Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; B. B. La/w, Judge. Action by Guy Griffin against tbe Chicago, Milwaukee & St. Paul Railway Company and another. Judgment for plaintiff, and defendants appeal. An allegation of constructive notice to be sufficient must allege a definite time during which the condition existed and must allege facts showing that reasonable care if exercised would have disclosed the condition during that time.
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Appeal from District Court, Gallatin County; B. B. La/w, Judge. Action by Guy Griffin against tbe Chicago, Milwaukee & St. Paul Railway Company and another. Judgment for plaintiff, and defendants appeal. An allegation of constructive notice to be sufficient must allege a definite time during which the condition existed and must allege facts showing that reasonable care if exercised would have disclosed the condition during that time. Here the allegation fails in both particulars. “Several days” indicates no definite length of time and the most that could be said of it is that it might mean…
1Opinion of the CourtJustice Galen
This is an action for damages for personal injury sustained by the plaintiff on or about October 23, 1920, while employed as a brakeman on a freight train operated by the defendant company on its branch line between Bozeman and Menard, as a result of having come in contact with sagging telephone wires across the defendant company’s track at Huffine siding. The section foreman having charge of the track at, the point where the accident occurred was joined with the railway company as a party defendant. The case was tried to a jury. A verdict was rendered in favor of the plaintiff against both…
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