Legal Opinion

Emerson v. Butte Electric Ry. Co.

Montana Supreme Court

Decided December 7, 1912No. 3,195PublishedCited by 8 opinions

Appeal from, District Court, Silver Bow County j J. J. Lynch, Judge. Action by J. P. Emerson against the Butte Electric Bailway Company and J. B. Wharton. From a judgment in favor of plaintiff the railway company appeals.

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Appeal from, District Court, Silver Bow County j J. J. Lynch, Judge. Action by J. P. Emerson against the Butte Electric Bailway Company and J. B. Wharton. From a judgment in favor of plaintiff the railway company appeals. In view of Hagerty v. Montana O. P. Co., 38 Mont. 69, 25 L. B. A., n. s., 356, 98 Pac. 643, and the authorities cited therein, the allegations of the complaint are insufficient to constitute a joint liability; and the court erred in overruling defendants’ demurrer to the complaint and in overruling defendants’ objection to the introduction of any testimony on behalf of the…

1Opinion of the CourtJustice Smith

This action was commenced on May 18, 1911, by the plaintiff, Emerson, against the Butte Electric Railway Company, a corporation, and J. R. Wharton, defendants, to recover damages for personal injuries alleged to have been suffered on the 9th day of May, 1911, while plaintiff was traveling on one of the cars of the defendant company as a passenger. The complaint alleges that the car upon which plaintiff was riding was derailed by reason of the carelessness and negligence of the defendant company and Wharton, its superintendent, and that by reason *458of such derailment plaintiff was thrown about…

2Cases cited6 opinions

  1. Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
  2. State v. PennaMontana Supreme Court · 1907
  3. Pierce v. Great Falls & Canada Railway Co.Montana Supreme Court · 1899
  4. John v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  5. May v. Northern Pacific Railway Co.Montana Supreme Court · 1905

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

3Cited by8 opinions

  1. Maki v. Murray HospitalMontana Supreme Court · 1932
  2. Schumacher v. Murray HospitalMontana Supreme Court · 1920
  3. Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1916
  4. State v. NielsenMontana Supreme Court · 1920
  5. Simons v. JenningsMontana Supreme Court · 1935

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

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