Mullery v. Great Northern Ry. Co.
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Vincent W. Mullery against tbe Great Northern Railway Company and others. Judgment for plaintiff. Defendants appeal from the judgment and from an order denying their motion for new trial.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Vincent W. Mullery against tbe Great Northern Railway Company and others. Judgment for plaintiff. Defendants appeal from the judgment and from an order denying their motion for new trial. Error in refusing to recognize challenges: We contend, that, under the statutes of Montana, first, there is no obligation on the part of the defendants in a civil case to join in a challenge that each defendant is entitled to challenge jurors separately; and, secondly, that, in the exercise of such separate challenge, each defendant…
1Opinion of the CourtJustice Sanner
The respondent, plaintiff below, brought this action to recover damages for injuries alleged to have been caused by the negligence of the Great Northern Railway Company and its switching crew, two of whom were joined with the company as defendants. The answer denies negligence on the part of defendants or any of them, and pleads contributory negligence as well as assumption of risk. Trial was to a jury who determined the issues against the defendants, and from the judgment entered on the verdict, as well as from an order denying their *415motion for new trial, they have appealed. Several…
2Cases cited30 opinions
- Wolf v. PerrymanTexas Supreme Court · 1891
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Bibb v. ReidSupreme Court of Alabama · 1841
- Montague v. HansonMontana Supreme Court · 1909
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
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