Previsich v. Butte Electric Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Luis Previsich against the Butte Electric Railway Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. "When plaintiff alleges a specific ground of negligence upon which he bases his right of recovery, he is absolutely bound to maintain that ground, or he must fail of h'is recovery. (Pierce v. Great Falls etc.
Read the full summary
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Luis Previsich against the Butte Electric Railway Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. "When plaintiff alleges a specific ground of negligence upon which he bases his right of recovery, he is absolutely bound to maintain that ground, or he must fail of h'is recovery. (Pierce v. Great Falls etc. Co., 22 Mont. 448, 56 Pac. 867; Hoskins v. Northern Pacific By. Co., 39 Mont. 394, 102 Pac. 988; Thurman v. Pittsburg & Mont. C. Co., 41 Mont. 141, 108 Pac. 588;…
1Opinion of the CourtChief Justice Brantly
Action for damages for a personal injury alleged to have been suffered by plaintiff while a passenger upon one of the cars of the defendant street railway company, through the negligence of its agents and servants. The corporation owns and operates a railway, the lines of which traverse certain streets of the city of Butte. One of these lines extends to the village of Meaderville, lying to the northeast. Miners who reside in Butte and are employed in the mines in Meaderville and its vicinity commonly avail themselves of this line in going to and returning from their work. For the…
2Cases cited19 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bosanatz v. OstronichMontana Supreme Court · 1920
- Melzner v. Raven Copper Co.Montana Supreme Court · 1913
- Maynard v. City of HelenaMontana Supreme Court · 1945
- Bush v. BakerMontana Supreme Court · 1915
- American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.