Everett v. Hines
Montana Supreme Court
Appeals from District Court, Rosebud County; Geo. P. Jones, Judge. Action by Jack G. Everett against Walker D. Hines, Director-General of Railroads. From an adverse judgment and an order denying a motion for new trial, defendant appeals. We submit that the plaintiff was guilty of contributory negligence, as a matter of law, and that on that ground the judgment should be reversed and the action dismissed.
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Appeals from District Court, Rosebud County; Geo. P. Jones, Judge. Action by Jack G. Everett against Walker D. Hines, Director-General of Railroads. From an adverse judgment and an order denying a motion for new trial, defendant appeals. We submit that the plaintiff was guilty of contributory negligence, as a matter of law, and that on that ground the judgment should be reversed and the action dismissed. (Citing in addition to Montana cases referred to and distinguished in the opinion: Rule v. Atchison, T. & S. F. Ry. Co., 107 Kan. 479, 192 Pac. 729; Gersman v. Atchison, T. & S. F. Ry. Co.…
1Opinion of the CourtJustice Galen
This is an action brought to recover $10,000 damages alleged on account of personal injuries sustained by the plaintiff, and injury to a Ford automobile belonging to and being driven by the plaintiff, by reason of having been struck on a railroad crossing in the town of Forsyth on the evening of September 13, 1919, by a switch engine operated by the defendant. Upon issues being joined, the case was tried to a jury and a verdict rendered in favor of the plaintiff for the sum of $8,000, upon which judgment was made and entered. The appeal is from the judgment and an order denying defendant’s…
2Cases cited16 opinions
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Bilton v. Southern Pacific Co.California Supreme Court · 1906
- Sherris v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- O'BRIEN v. Great Northern Railroad CompanyMontana Supreme Court · 1966
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Sztaba v. Great Northern Railway Co.Montana Supreme Court · 1966
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
- Hannigan v. Northern Pacific Railway CompanyMontana Supreme Court · 1963
9 more not listed; retrieve them via the Exa API.