Sherris v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Missoula County; Asa L. Dun-cam, Judge. Action by R. 0. Sherris, an infant, by W. C. Sherris, his guardian ad litem, against the Northern Pacific Railway Company and another. Judgment for defendants and plaintiff appeals.
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Appeal from District Court, Missoula County; Asa L. Dun-cam, Judge. Action by R. 0. Sherris, an infant, by W. C. Sherris, his guardian ad litem, against the Northern Pacific Railway Company and another. Judgment for defendants and plaintiff appeals. The question of the imputed negligence of the driver of an automobile to the passengers in the car and those riding by invitation has been before the courts of this country in the last few years more frequently than any other question of the law of negligence, and with the exception of New York, and perhaps one or two other states following the…
1Opinion of the CourtChief Justice Beantly
Action for damages for a personal injury caused by a collision of a train of the defendant railway company with an automobile in which plaintiff was being driven by Orville Black. The complaint alleges that the collision was caused by the negligence of the defendant McCann, the engineer, in pushing several cars by means of a switch engine at an excessive rate of speed over the defendant company’s track, designated as the east-bound main track, where it crosses Harris Street in the company’s yards in the city of Missoula, without ringing the bell or sounding the whistle, there being no flagman…
2Cases cited17 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Bresee v. Los Angeles Traction Co.California Supreme Court · 1906
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Black v. MartinMontana Supreme Court · 1930
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Berthelote v. Loy Oil Co.Montana Supreme Court · 1933
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
20 more not listed; retrieve them via the Exa API.