Legal Opinion

Flaherty v. Butte Electric Ry. Co.

Montana Supreme Court

Decided October 15, 1910No. 2,868PublishedCited by 16 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Bichará M. Flaherty against the Butte Electric Bailway Company and another. From an order granting plaintiff’s motion for a new trial, after verdict for him, defendants appeal. There is no warrant in the statutes of Montana for granting a new trial on the motion of a plaintiff in whose favor verdict and judgment have been entered, on the ground that the damages are inadequate.

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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Bichará M. Flaherty against the Butte Electric Bailway Company and another. From an order granting plaintiff’s motion for a new trial, after verdict for him, defendants appeal. There is no warrant in the statutes of Montana for granting a new trial on the motion of a plaintiff in whose favor verdict and judgment have been entered, on the ground that the damages are inadequate. Our supreme court has held that the granting of a new trial must be based upon one of the statutory grounds; otherwise it is not…

1Opinion of the CourtJustice Holloway

delivered tbe opinion of tbe court.

The facts surrounding this case are set forth fully in Flaherty v. Butte Electric Ry. Co. et al., 40 Mont. 454, 135 Am. St. Rep. 630, 107 Pac. 416, which was an action by the minor, by his guardian, to recover damages sustained by the child. The present action is brought by the father of the same child to recover damages for the loss of the child’s services from the date of the injury until the minor reached his majority, for costs of medical attention, etc. The jury returned a verdict in- favor of plaintiff for $100, and he, being dissatisfied, moved for a…

2Cases cited8 opinions

  1. Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
  2. McDonald v. . WalterNew York Court of Appeals · 1869
  3. Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
  4. Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
  5. Algeo v. . DuncanNew York Court of Appeals · 1868

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3Cited by16 opinions

  1. Putnam v. PutnamMontana Supreme Court · 1929
  2. State Highway Commission v. GreenfieldMontana Supreme Court · 1965
  3. State v. SchoenbornMontana Supreme Court · 1919
  4. State v. BrantinghamMontana Supreme Court · 1923
  5. State v. GunnMontana Supreme Court · 1929

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