Ryan v. Gilmer
Montana Supreme Court
Appeal from Third District, Lewis and Cla/rke County. The judgment of nonsuit was entered by Wade, J. Tbe court erred in excluding tbe declarations of tbe driver, made at tbe time and immediately after tbe accident. Morse v. Connecticut B. B., 6 Gray, 450 ; Matteson v. N. JT.
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Appeal from Third District, Lewis and Cla/rke County. The judgment of nonsuit was entered by Wade, J. Tbe court erred in excluding tbe declarations of tbe driver, made at tbe time and immediately after tbe accident. Morse v. Connecticut B. B., 6 Gray, 450 ; Matteson v. N. JT. Central Co., 62 Barb. 364; Price v. Powell, 3 N. T. 325; McCormick v. Ba/rnwm, 10 Wend. 105 ; Barcla/y v. Howell, 6 Pet. 498. Tbe court erred in not submitting tbe question of negligence on tbe part of respondents to tbe jury, and in ordering tbe judgment of nonsuit. Sbearm. & Bedf. on Negligence, 329, 330 ; Wbart. on…
1Opinion of the CourtBlake, J.
The appellants are husband and wife, and bring this action to recover damages for a personal injury sustained by the wife, December 15, 1873, in consequence of the alleged negligence of the respondents. At this time the respondents were carriers of passengers in the Territory and received the fare from appellants for their transportation from Watson to Helena. At a point near Beavertown, the respondents’ sleigh or “ bob-sled,” in which the passengers were being conveyed, was turned suddenly on one side and Mrs. Byan, one of the appellants, was thrown about seven feet from her seat and…
2Cases cited13 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Packet Co. v. CloughSupreme Court of the United States · 1874
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3Cited by14 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Whitney v. Northwest Greyhound Lines, Inc.Montana Supreme Court · 1952
- Kennon v. GilmerMontana Supreme Court · 1885
- Callahan v. Chicago, Burlington & Quincy R.Montana Supreme Court · 1913
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
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