Legal Opinion

Peek v. Northern Pacific Ry. Co.

Montana Supreme Court

Decided October 18, 1915No. 3,417PublishedCited by 5 opinions

Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by William A. Peek against tbe Northern Pacific Bail-way Company, M. M. Fowler, Fred Kennedy and others. From a judgment for plaintiff, the defendants named appeal. Messrs. Gunn, Basch & Hall, for Appellants, submitted a brief, as well as one in reply to that of Bespondent; Mr. Carl Basch argued the cause orally. The plaintiff failed to make a case entitling him to any recovery.

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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by William A. Peek against tbe Northern Pacific Bail-way Company, M. M. Fowler, Fred Kennedy and others. From a judgment for plaintiff, the defendants named appeal. Messrs. Gunn, Basch & Hall, for Appellants, submitted a brief, as well as one in reply to that of Bespondent; Mr. Carl Basch argued the cause orally. The plaintiff failed to make a case entitling him to any recovery. (See Banks v. Eastern By. & Lumber Co., 46 Wash. 610, 11 L. B. A. (n. s.) 485, 90 Pac. 1048; Union Labor Hospital Assn. v. Vance…

1Opinion of the CourtJustice Sanneb

The amended complaint in this action alleges: That the defendants Northern Pacific Bailway Company, a corporation, C. L. Nichols, its general superintendent, M. M. Fowler, its division superintendent, F. E. Kennedy, its yardmaster at Helena, and J. M. Welsh, its assistant yardmaster, conspiring to injure plaintiff in his profession as a physician, did publish and bring to the notice of the employees of said company the following:

“Helena, Mont., Mar. 3, 1911.
“All Yard Employees:
“In ease of accident to an employee where medical attention is needed at once, do not in any case call Dr. Peek. If…

2Cases cited2 opinions

  1. Lindsay & Co. v. Montana Federation of LaborMontana Supreme Court · 1908
  2. Grorud v. LosslMontana Supreme Court · 1913

3Cited by5 opinions

  1. Pillow v. General American Life Insurance Co.Missouri Court of Appeals · 1978
  2. National Life Accident Ins. Co. v. WallaceSupreme Court of Oklahoma · 1933
  3. Empire Theatre Co. v. ClokeMontana Supreme Court · 1917
  4. Simonsen v. BarthMontana Supreme Court · 1922
  5. Koontz v. SharonMontana Supreme Court · 1939

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