Criswell v. Montana Central Railway Co.
Montana Supreme Court
Appeal from Eighth Judicial Eistnct, Cascadle County. Action for damages for personal injuries. The case was tried before Benton, 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 Eighth Judicial Eistnct, Cascadle County. Action for damages for personal injuries. The case was tried before Benton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an action for damages for personal injuries. Plaintiff alleges substantially in his complaint that about the 5th day of November, 1892; he was employed by defendant as head brakeman on its freight train; that the defendant was at the time operating a railroad, and running its freight trains over its road from Havre, in Choteau county, westward to and beyond the…
1Opinion of the CourtPemberton, C. J.
The defendant contends that the court erred in submitting to the- jury the question whether the de fendant or the Great Northern Railway Company was operat ing that part of the railroad involved in this controversy at the time plaintiff was injured, and that, the court having submitted the question, the evidence did not warrant the finding of the jury that the defendant was operating it. This was an issue raised by the pleadings. The plaintiff alleged in his complaint that the defendant was operating the road, and the defendant, in its answer, denied it, and alleged affirmatively that the…
2Cases cited2 opinions
- Northern Pac. R. v. MaseCourt of Appeals for the Eighth Circuit · 1894
- Ragsdale v. Northern Pac. R.U.S. Circuit Court for the District of Minnesota · 1889
3Cited by5 opinions
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Board of Commissioners v. ScanlanIndiana Supreme Court · 1912
- Criswell v. Montana Central Railway Co.Montana Supreme Court · 1896
- Smythe v. Home Life & Accident Ins.Supreme Court of Louisiana · 1914
- Hastings v. Montana Union Railway Co.Montana Supreme Court · 1896