Sorenson v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Ben B. Law, Judge. Action by "William Sorenson against the Northern Pacific Bailway Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. The Federal Employers’ Act abolishes the defense of the assumption of risk only when the violation by the carrier of a federal statute enacted for the safety of employees contributed to the death or injury of an employee.
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Appeal from District Court, Gallatin County; Ben B. Law, Judge. Action by "William Sorenson against the Northern Pacific Bailway Company. From a judgment for plaintiff, and an order denying it a new trial, defendant appeals. The Federal Employers’ Act abolishes the defense of the assumption of risk only when the violation by the carrier of a federal statute enacted for the safety of employees contributed to the death or injury of an employee. In all other cases such assumption of risk shall have its former effect as a complete bar to the action. {Seaboard Air Line By. v. Horton, 233 U. S.…
1Opinion of the CourtChief Justice Brantly
Plaintiff brought this action to recover damages for a personal injury suffered by him during the course of his employment as a section-hand. The complaint alleges in substance that while he was in the employ of defendant and under the immediate direction of its foreman, Manuel Pearson, whom he was bound to obey, it became plaintiff’s duty to assist in lifting a heavy rail then lying on the ground near the track of defendant; that the rail was thirty feet in length and weighed about 990 pounds; that it was to be lifted from the ground to and upon a hand-car to a height of approximately three…
2Cases cited29 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Southern Railway Co. v. CrockettSupreme Court of the United States · 1914
- St. Louis S. F. R. Co. v. SnowdenSupreme Court of Oklahoma · 1915
- Worlds v. Georgia RailroadSupreme Court of Georgia · 1896
24 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Schmeling v. JorgensenSouth Dakota Supreme Court · 1957
- Boyd v. Great Northern Railway Co.Montana Supreme Court · 1929
- Grant v. NihillMontana Supreme Court · 1922
- Leonidas v. Great Northern Railway Co.Montana Supreme Court · 1937
- Matson v. HinesMontana Supreme Court · 1922
12 more not listed; retrieve them via the Exa API.