Osterholm v. Butte Electric Ry. Co.
Montana Supreme Court
Appeals from, District Court, Silver Bow County; Edwin M, Lamb, Judge. Action by Victor Osterholm, as administrator of the estate of Edus B. Lund, against the Butte Electric Railway Company and others. From a judgment for plaintiff for an alleged insufficient amount, and from an order denying a motion for new trial, plaintiff appeals.
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Appeals from, District Court, Silver Bow County; Edwin M, Lamb, Judge. Action by Victor Osterholm, as administrator of the estate of Edus B. Lund, against the Butte Electric Railway Company and others. From a judgment for plaintiff for an alleged insufficient amount, and from an order denying a motion for new trial, plaintiff appeals. The evidence of intoxication of the injured party, Lund, was wholly immaterial, not within the issues, and only tended to prejudice the minds of the jurors, and the ruling of the trial court in permitting this evidence was clearly erroneous. (Herzig v. Sandberg,…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
This is an appeal by plaintiff from a judgment entered on a verdict in his favor for the sum of $51 and costs, and from an order overruling the plaintiff’s motion for a new trial.
The defendant corporation, on the fifteenth day of July, 1915, and for several years prior to that time, operated a street railway along and over Florence Avenue, in Butte, Montana; the track extending practically north and south. At 11:30 o’clock P. M. on the fifteenth day of July, 1915, and at a point on said Florence Avenue at or near its…
Also in this document: Per curiam.
2Cases cited26 opinions
- Sherris v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- Ford v. Umatilla CountyOregon Supreme Court · 1887
- Lane v. United Electric Light & Water Co.Supreme Court of Connecticut · 1915
- Leahy v. DavisSupreme Court of Missouri · 1894
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Montana Horse Products Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
- Phelps v. Woodward Con. Co., N. Util.Wyoming Supreme Court · 1949
- Tyson v. BurtonCalifornia Court of Appeal · 1930
- Bodon Ex Rel. Bodon v. SuhrmannUtah Supreme Court · 1958
- Bodon Ex Rel. Bodon v. SuhrmannUtah Supreme Court · 1958
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