Wastl v. Montana Union Railroad
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. Action for damages for personal injuries. The canse was tried before Speer, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an action for damages for personal injuries.
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Appeal from, Second Judicial District, Silver Bow County. Action for damages for personal injuries. The canse was tried before Speer, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an action for damages for personal injuries. It appears from the pleadings in the case that the defendant corporation, on April 15, 1889, was the owner of and operating a railroad, having depot, yard, engines, switches and other appliances for carrying on its business at Butte; that, on the night of said day, the plaintiff was employed by the defendant as a…
1Opinion of the CourtPemberton, C. J.
The principal assignments of error in this case are those which attack the instructions given by the court to the jury. Instructions Nos. 7 and 15 are claimed by counsel for defendant to be especially erroneous. These, instructions are as follows:
“(7) You are instructed that, although the preponderance of the evidence is not always determined by the number of witnesses testifying in a case, yet, if in a case there are only one or two witnesses who testify to a given state of facts, and six or seven witnesses of equal candor, fairness, intelligence, and truthfulness, and equally as well…
2Cases cited6 opinions
- Kauffman v. MaierCalifornia Supreme Court · 1892
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Childs v. StateSupreme Court of Alabama · 1884
- Phenix Insurance v. La PointeIllinois Supreme Court · 1886
- Smith v. VandykeWisconsin Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. SchnepelMontana Supreme Court · 1900
- Isaac & Rebecca Thomas v. GatesCalifornia Supreme Court · 1899
- White v. Chicago, M. & P. S. Ry. Co.Montana Supreme Court · 1914
- State v. GayMontana Supreme Court · 1896
- Hanton v. Pacific Electric Ry. Co.California Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.