Dewell v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Broadwater County; John A. Matthews, Judge. Action by Scott Dewell against the Northern Pacific Railway Company. From the judgment and certain orders both parties appeal. Order denying new trial affirmed. The statute allowing attorneys’ fees as a penalty imposed upon railway companies for a violation of a police regulation requiring them to fence their tracks is not unconstitutional.
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Appeal from District Court, Broadwater County; John A. Matthews, Judge. Action by Scott Dewell against the Northern Pacific Railway Company. From the judgment and certain orders both parties appeal. Order denying new trial affirmed. The statute allowing attorneys’ fees as a penalty imposed upon railway companies for a violation of a police regulation requiring them to fence their tracks is not unconstitutional. The Mills v. Olsen Case (43 Mont. 129, 115 Pac. 33) is the only Montana case known to the writer holding a statute giving attorneys’ fees to a successful litigant unconstitutional.…
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for cattle alleged to have been killed by the railway company. Plaintiff appeals from a judgment in his favor, and seeks to have reviewed an order of the trial court striking from his cost bill an item of $50 claimed as an attorney fee, and an item of $1.10 for “sheriff’s fee serving subpoenas. ’ ’ The defendant appeals from the judgment and from an order denying it a new trial.
1. The court below held that the statute allowing the attorney-[1] fee as part of plaintiff’s costs is unconstitutional. Section 4308, Eevised Codes, requires a railway…
2Cases cited18 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
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3Cited by12 opinions
- Daly v. Swift & Co.Montana Supreme Court · 1931
- Vesel v. Jardine Mining Co.Montana Supreme Court · 1940
- Fegles Const. Co., Limited v. McLaughlin Const. CoCourt of Appeals for the Ninth Circuit · 1953
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.