Legal Opinion

Markinovich v. Northern Pacific Ry. Co.

Montana Supreme Court

Decided July 1, 1918No. 3,919PublishedCited by 8 opinions

Appeal from District Gou/rt, Silver Boiv County; J. J. Lynch, Judge. Action by Robert Markinovich against the Northern Pacific Railway Company, a corporation, and J. L. Wester. From a judgment for plaintiff, and an order denying their motion for new trial, defendants appeal.

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Appeal from District Gou/rt, Silver Boiv County; J. J. Lynch, Judge. Action by Robert Markinovich against the Northern Pacific Railway Company, a corporation, and J. L. Wester. From a judgment for plaintiff, and an order denying their motion for new trial, defendants appeal. It stands admitted and conceded upon the record' that an ample force had been provided for the doing of the work and of every detail -thereof, and if by inadvertence or mistake of judgment the foreman in this instance failed to assign a sufficient number of men to carry the plate, it was not negligence for which the…

1Opinion of the CourtJustice Holloway

In October, 1914, the Northern Pacific Eailway Company was engaged in constructing a passageway under its tracks in the yard at Glendive. In the course of the work it became necessary to move an iron or steel plate a distance estimated at from 100 to 200 feet, and to place it in position for use. The plate was about forty-four inches square, something more than an inch in thickness, and weighed 600 pounds, or thereabouts. Wester, the foreman in charge, detailed five men, including plaintiff, to do the work. After the plate had been carried about fifty feet, the men in front let their end…

2Cases cited9 opinions

  1. Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
  2. McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
  3. Leonard v. City of ButteMontana Supreme Court · 1901
  4. Sorenson v. Northern Pacific Ry. Co.Montana Supreme Court · 1917
  5. Morelli v. Twohy Bros.Montana Supreme Court · 1918

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Demarais v. JohnsonMontana Supreme Court · 1931
  2. Pure Oil Co. v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1919
  3. Stones v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1921
  4. Burnett v. Northern Pacific Railway Co.Montana Supreme Court · 1942
  5. Markarites v. Chicago, Milwaukee & St. P. Ry. Co.Montana Supreme Court · 1921

3 more not listed; retrieve them via the Exa API.

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