Sanden v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow Countyj John B. Mc-Clernan, Judge. Action by Mina Sanden against the Northern Pacific Eailway Company. From a judgment for defendant, and an order denying her a new trial, plaintiff appeals. Respondent says its conductors in charge of said train had no authority to bind it with reference to appellant’s right to stop over on said ticket.
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Appeal from, District Court, Silver Bow Countyj John B. Mc-Clernan, Judge. Action by Mina Sanden against the Northern Pacific Eailway Company. From a judgment for defendant, and an order denying her a new trial, plaintiff appeals. Respondent says its conductors in charge of said train had no authority to bind it with reference to appellant’s right to stop over on said ticket. The law says that the principal is bound by the acts of the agent within the general scope of the employment, and especially is this true with railway companies. In 2 White on Personal Injuries on Railroads, section 735,…
1Opinion of the CourtChief Justice Brantlt
The purpose of this action is to recover damages alleged to have been sustained by plaintiff by being wrongfully ejected from one of defendant’s trains by the conductor in charge thereof.
On October 7, 1907, Frank Sanden purchased at the ticket office of defendant at St. Paul, Minnesota, transportation for himself and plaintiff, his wife, represented by two tickets, from that point to the city of Seattle, Washington, by way of Butte, Montana. The tickets were in the form of contracts, both signed by the husband. It is not controverted that in signing plaintiff’s ticket her husband acted as her…
2Cases cited16 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Railway Co. v. StevensSupreme Court of the United States · 1878
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
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3Cited by2 opinions
- Ikovich v. Silver Bow Motor Car Co.Montana Supreme Court · 1945
- Cook v. Northern Pacific Ry. Co.Montana Supreme Court · 1921