Brian v. Oregon Short Line Railroad
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Dan Brian, by his guardian ad litem, Mike Brian, against the Oregon Short Line Railroad Company. From a judgment for plaintiff and from an order denying a motion for new trial, defendant appeals.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Dan Brian, by his guardian ad litem, Mike Brian, against the Oregon Short Line Railroad Company. From a judgment for plaintiff and from an order denying a motion for new trial, defendant appeals. The evidence wholly fails to show that the Erie Railroad Company, the company selling the ticket, was agent of appellant, nor is there any evidence to show that there was any agency as between appellant and the connecting lines upon which this ticket was used. (Sencerbox v. McGrade, 6 Minn. 484; Hatch v. Squires, 11…
1Opinion of the CourtJustice Holloway
The plaintiff, a minor, through his guardian ad litem brought this action to recover damages, and in his complaint alleges that he on October 5, 1907, having bought a ticket which entitled him to ride on defendant’s cars from Salt Lake City to Butte, entered one of the defendant’s passenger-cars at Salt Lake City, and defendant then and there agreed to carry him as a passenger to Butte; that he was carried from Salt Lake City to Ogden, but at Ogden the defendant, acting through its agents and servants, by threats and menaces expelled him from its car; that he was among strangers without…
2Cases cited16 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Gulf, Colorado & Santa Fe Railway Co. v. LooneyTexas Supreme Court · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Woodard v. Texas & Pacific Railway Co.Texas Supreme Court · 1935
- Galveston, H. & S. A. Ry. Co. v. WisemanCourt of Appeals of Texas · 1911
- Cook v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Miley v. Northern Pacific Railway Co.Montana Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.