Nixon v. Montana, Wyoming & Southwestern Ry. Co.
Montana Supreme Court
Appeal from. District Court, Carbon County; Geo. W. Pier-son, Judge. Aotion by O. R. Nixon against the Montana, Wyoming & Southern Railway Company and others. From a judgment for defendants, plaintiff appeals. By section 4308, Revised Codes, a duty is placed upon the railroad corporation.
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Appeal from. District Court, Carbon County; Geo. W. Pier-son, Judge. Aotion by O. R. Nixon against the Montana, Wyoming & Southern Railway Company and others. From a judgment for defendants, plaintiff appeals. By section 4308, Revised Codes, a duty is placed upon the railroad corporation. It requires the citation of no authority to the effect that where there is a duty imposed and injury results as a violation of that duty, we have a ground of negligence which entitles the injured party to damages. This is fundamental. The defendants, however, contend that because certain provisions are made…
1Opinion of the CourtJustice Sanner
The plaintiff elected to stand upon his complaint after a general demurrer thereto had been sustained. Judgment for the defendants was entered, and this appeal is the result
The material allegations of the complaint, píeaded as one Cause of action, may be epitomized as follows: That the plaintiff is the father of Emma Nixon, who was run over and killed by one of defendants’ trains on December 5, 1912; that at and for some years prior to that time the defendant company was engaged in operating a railway through Bear Creek, an unincorporated village in Carbon county; that it was the duty of said…
2Cases cited7 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- San Antonio & Aransas Pass Railway Co. v. MorganTexas Supreme Court · 1898
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Wilson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
- Driscoll v. ClarkMontana Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- Martin v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
- Staggs v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1955
- Frazee Ex Rel. Frazee v. St. Louis-San Francisco Railway Co.Supreme Court of Kansas · 1976
12 more not listed; retrieve them via the Exa API.