Regan v. Montana Logging Co.
Montana Supreme Court
Appeal from District Court, Missoula County; John E. Patterson, Judge. On applicability to private railroad of statute abrogating or modifying the fellow-servant rule as to railroads, see notes in 15 L. R. A. (n. s.) 479; 45 L. R. A. (n. S.) 841. Action by Joe Regan against the Montana Logging Company. Judgment for defendant on demurrer to the complaint, and plaintiff appeals.
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Appeal from District Court, Missoula County; John E. Patterson, Judge. On applicability to private railroad of statute abrogating or modifying the fellow-servant rule as to railroads, see notes in 15 L. R. A. (n. s.) 479; 45 L. R. A. (n. S.) 841. Action by Joe Regan against the Montana Logging Company. Judgment for defendant on demurrer to the complaint, and plaintiff appeals. A logging railroad comes within the purview and meaning of Chapter 29, Laws of 1911. (O’Bear v. Manchester Limber Go., 6 Ala. App. 461, 60 South. 462; Bissell v. Greenleaf-Johnson Lumber Go., 152 N. C. 123, 67 S. E.…
1Opinion of the CourtChief Justice Brantly
Action for damages for personal injuries sustained by the plaintiff during the course of his employment by the defendant. The district court sustained defendant’s demurrer to the com-, plaint and rendered judgment for defendant. The plaintiff has appealed.
The defendant, Montana Logging Company, a corporation, is engaged in lumber milling and logging. It is the owner of a logging railroad with the equipments of engines, cars, and other appliances necessary to enable it to carry logs from the forest to its mill and to carry back persons and materials when occasion arises. At places where logs…
2Cases cited18 opinions
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Minnesota Iron Co. v. KlineSupreme Court of the United States · 1905
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
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3Cited by4 opinions
- Palmer v. Great Northern Ry. Co.Montana Supreme Court · 1946
- Crowley v. Polleys Lumber Co.Montana Supreme Court · 1932
- Great Northern Ry. Co. v. WojtalaCourt of Appeals for the Ninth Circuit · 1940
- Palmer v. Great Northern Ry. Co.Montana Supreme Court · 1946