Legal Opinion

Murphy v. Northern Pacific Railway Co.

Montana Supreme Court

Decided May 26, 1899No. 1384PublishedCited by 5 opinions

Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by Emma Murphy, individually and as administratrix of the estate of Patrick Murphy, deceased, against the Northern Pacific Railway Company. There was a judgment for defendant, and plaintiff appeals.

1Per curiam

This action was brought to recover $20,000 as damages for the alleged negligent killing of one Patrick Murphy by defendant.

On February 8, 1898, an order was entered, at page 391 of Minute Book 4 of the court below, setting aside the service of summons and striking the complaint from the files. On April 4, 1898, a judgment dismissing the action for want of prosecution was entered at page 440 of said Book 4. After-wards, on October 20th, the court, by duly entered orders, denied the motions of plaintiff to set aside the order of February 8th and to vacate the judgment of April 4th. On January…

2Cases cited3 opinions

  1. Creek v. Bozeman Water Works Co.Montana Supreme Court · 1899
  2. State ex rel. Pierson v. MillisMontana Supreme Court · 1897
  3. San Francisco & North Pacific Railroad v. AndersonCalifornia Supreme Court · 1888

3Cited by5 opinions

  1. Washoe Copper Co. v. HickeyMontana Supreme Court · 1899
  2. Pirrie v. MouleMontana Supreme Court · 1905
  3. Grage v. PaulsonMontana Supreme Court · 1899
  4. Schwab v. KapplerMontana Supreme Court · 1909
  5. Richter v. Eagle Life Ass'nMontana Supreme Court · 1900

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