Hulse v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by A. J. Hulse against tbe Northern Pacific Railway Company and another. From an order granting plaintiff a new trial defendants appeal.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by A. J. Hulse against tbe Northern Pacific Railway Company and another. From an order granting plaintiff a new trial defendants appeal. To permit statements, not otherwise admissible, to be given in evidence under the rule expressed in section 7871, Revised Codes, that when part of a conversation is given in evidence by one party, the whole on the same subject may be inquired into by the other, and when a detached act, declaration, conversation or writing is given in evidence, any other act, declaration,…
1Opinion of the CourtJustice Sanner
On March 21, 1911, the respondent, A. J. Hulse, with others, was riding on one of appellant company’s freight trains en route from Missoula to Helena without paying fare. When the train had reached a point about half a mile west of Helena he was in some manner cast bepeath its wheels and run over, sustaining the injury which is the basis of this action. The issue of fact was whether he had been pushed off by the brakeman while the train was in motion. The case was tried to the district court sitting with a jury, and the verdict was for the appellant. On motion of respondent the verdict was…
2Cases cited11 opinions
- Carver v. United StatesSupreme Court of the United States · 1897
- State v. TigheMontana Supreme Court · 1903
- State v. SchnepelMontana Supreme Court · 1900
- Poindexter & Orr Live Stock Co. v. Oregon Short Line RailroadMontana Supreme Court · 1905
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
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3Cited by2 opinions
- State v. ShamboMontana Supreme Court · 1958
- Lehman & Co. v. SkadanMontana Supreme Court · 1930