State Ex Rel. Northern Pacific Railway Co. v. District Court of the Sixteenth Judicial District

MR. JUSTICE JOHN CONWAY HARRISON

delivered the Opinion of the Court.

This application by the Northern Pacific Railway Company for a writ of supervisory control arose out of an order of the district court of the sixteenth judicial district sitting in Rosebud county, denying a motion for a separate trial on the issue of the validity of a release in a wrongful death and survival action.

Alfred Thorson was killed on February 12, 1965, when his truck was hit by a Northern Pacific Railway Company train on a crossing near Rosebud, Montana. His widow contacted a Forsyth attorney to handle her deceased…