Cole v. Helena Light & Railway Co.
Montana Supreme Court
Appeal from, District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Mary A. Cole against tbe Helena Light & Railway Company and Frank Yiekery. Judgment for defendants, and plaintiff appeals from it and an order denying her motion for a new trial. Under the circumstances of this case,. the authorities are unanimous that the court should, in the furtherance of justice, have reopened the case upon, such terms as were just to both parties.
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Appeal from, District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Mary A. Cole against tbe Helena Light & Railway Company and Frank Yiekery. Judgment for defendants, and plaintiff appeals from it and an order denying her motion for a new trial. Under the circumstances of this case,. the authorities are unanimous that the court should, in the furtherance of justice, have reopened the case upon, such terms as were just to both parties. “The trial court is frequently requested at various stages of the trial to reopen the ease and to admit evidence which has been overlooked…
1Opinion of the CourtChief Justice Brantly
Action for damages for personal injuries alleged to have been sustained by the plaintiff in a collision between a wagon in which she was riding and a car of the defendant Helena Light & Railway Company, in the city of Helena, brought about by the negligence of the defendant Vickery, the motorman in charge of the car. One line of the railway extends north from the central portion of the city along Park Avenue to its junction with Benton Avenue, and thence north along the latter for several blocks, crossing Lyndale and Wilder Avenues. After leaving the limits of the city, the line extends to…
2Cases cited5 opinions
- Alderson v. MarshallMontana Supreme Court · 1888
- Shober v. BlackfordMontana Supreme Court · 1912
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1911
- Schilling v. CurranMontana Supreme Court · 1904
- Tracy v. HarmonMontana Supreme Court · 1896
3Cited by11 opinions
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
- Harley v. WilliamsMontana Supreme Court · 1915
- Stark v. Circle K Corp.Montana Supreme Court · 1988
- Stavenjord v. Montana State FundMontana Supreme Court · 2003
- Montana Auto Finance Corp. v. British & Federal Fire UnderwritersMontana Supreme Court · 1924
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