Jepsen v. Gallatin Valley Ry. Co.
Montana Supreme Court
Appeals from District Court, Gallatin County; Ben. B. Law, Judge. Action by A. M. Jepsen against the Gallatin Valley Bail-way Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. There was not sufficient evidence of negligence to sustain the verdict. The train on which plaintiff was riding was a light train, moving upon a slight upgrade. There was no occasion in handling it or any unusuál or excessive application of force.
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Appeals from District Court, Gallatin County; Ben. B. Law, Judge. Action by A. M. Jepsen against the Gallatin Valley Bail-way Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. There was not sufficient evidence of negligence to sustain the verdict. The train on which plaintiff was riding was a light train, moving upon a slight upgrade. There was no occasion in handling it or any unusuál or excessive application of force. To the plaintiff, in his crippled condition and exposed situation near the car door, it may have seemed from the after-occurring…
1Opinion of the CourtJustice Coopeb
This is an action to recover damages for personal injuries sustained by the plaintiff while traveling as a passenger on a freight train of the defendant between the stations of Ingomar and Bozeman, in this state.
On July 27, 1916, at Ingomar, the plaintiff loaded a horse into a box-car for shipment to Bozeman. The car was placed in one of the regular freight trains on defendant’s main line. After paying the freight and executing the shipping contract, the plaintiff inquired of the station agent if he would be allowed to ride in the car with the horse on the contract, in response to which the…
2Cases cited44 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Lake Shore & Michigan Southern Railway Co. v. TeetersIndiana Supreme Court · 1906
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- Marsh v. AyersMontana Supreme Court · 1927
- McCulloch v. HortonMontana Supreme Court · 1936
- Hill Cattle Corporation v. KillornMontana Supreme Court · 1927