Haddox v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Thomas Haddox against the Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying a motion for new trial, defendants appeal.
Read the full summary
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Thomas Haddox against the Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying a motion for new trial, defendants appeal. The only question which is presented here is the action of the trial court in refusing to instruct the jury that the duty of the defendant engineer to make all reasonable efforts within his power to stop the train did not arise until he actually discovered the deceased in a position of peril. That such is the law was distinctly announced by the supreme…
1Opinion of the CourtJustice Holloway
This action was brought by the father of Omer Haddox, deceased, to recover damages which the plaintiff as parent suffered by reason of the death of his son. From a judgment in favor of the plaintiff and from an order denying them a new trial, the defendants appealed.
The cause is submitted to this court upon the briefs in Melzner, Admr. v. Northern Pacific Ry. Co. et al., just decided [ante, p. 162, 127 Pac. 146], for a determination of all questions involved, except one. Upon the questions common to the two cases our decision in the Melzner Case determines them against the appellants. The one…
2Cases cited1 opinion
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
3Cited by5 opinions
- Burns v. FisherMontana Supreme Court · 1957
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Pollard v. Oregon Short Line R.R. Co.Montana Supreme Court · 1932
- Collins v. CrimpMontana Supreme Court · 1932
- Burns v. FisherMontana Supreme Court · 1957