White v. Chicago, M. & P. S. Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Robert H. White against the Chicago, Milwaukee & Puget Sound Railway Company and another. From a judgment in favor of plaintiff and an order denying them a new trial, defendants appeal. Instruction numbered 10-A, tendered by the defendants and refused by the court, should have been given. It has the sanction of an eminent court. (Lovely v. Grand Rapids & I. Ry.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Robert H. White against the Chicago, Milwaukee & Puget Sound Railway Company and another. From a judgment in favor of plaintiff and an order denying them a new trial, defendants appeal. Instruction numbered 10-A, tendered by the defendants and refused by the court, should have been given. It has the sanction of an eminent court. (Lovely v. Grand Rapids & I. Ry. Co., 137 Mich. 653, 100 N. W. 894; citing, with approval, Mc-Donell v. Rifle Boom Co., 71 Mich. 61, 38 N. W. 681.) It does not comment on any fact in evidence…
1Opinion of the CourtChief Justice Brantly
delivered the opinion.of the court.
The plaintiff brought this action to recover damages for a personal injury suffered by him during the course of his employment as a switchman by the defendant railway company. The jury awarded him a verdict for $15,000. The defendants have appealed from the judgment entered thereon and an order denying them a new trial.
The accident occurred at about 10:30 o’clock on the evening of August 10, 1912, in the switchyard of the defendant railway company at Butte. The defendant Hupert was in charge of a switch engine. The plaintiff was employed in coupling cars to…
2Cases cited4 opinions
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1911
- Wastl v. Montana Union RailroadMontana Supreme Court · 1895
- Knuckey v. Butte Electric Ry. Co.Montana Supreme Court · 1912
3Cited by29 opinions
- State v. PetersonMontana Supreme Court · 1958
- Autio v. MillerMontana Supreme Court · 1932
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Ashley v. Safeway Stores, Inc.Montana Supreme Court · 1935
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