State ex rel. Montana Central Railway Co. v. District Court
Montana Supreme Court
Original proceedings for mandamus, on tbe relation of tbe Montana Central Railway Company against tbe district court of tbe eigbtb judicial district in and for tbe county of Cascade, and J. B. Leslie, judge thereof. Statement or the Case, by the Justice Delivering the Opinion.
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Original proceedings for mandamus, on tbe relation of tbe Montana Central Railway Company against tbe district court of tbe eigbtb judicial district in and for tbe county of Cascade, and J. B. Leslie, judge thereof. Statement or the Case, by the Justice Delivering the Opinion. Some time prior to January 29, 1904, Theodore H. Enttock commenced an action in tbe district court of Lewis and Clarke county against tbe Montana Central Railway Company to recover damages for personal injuries received by the plaintiff while in tbe employment of tbe defendant company, and on tbe date last above…
1Opinion of the CourtJustice Holloway
It is to be noted in the first instance that the defendant had pleaded in its answer contributory negligence on the part of the plaintiff and negligence of the fellow-servants of the plaintiff as special defenses. Whether the defense of negligence of a fellow-servant is a special defense which must be pleaded is unnecessary to be determined here. The authorities are conflicting upon the question. Put contributory negligence *40on the part of the plaintiff .in an action of the character of this one is such a special defense, and must be pleaded by the defendant. This doctrine has the support of…
2Cases cited15 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Alley v. NottSupreme Court of the United States · 1884
- Goldtree v. SpreckelsCalifornia Supreme Court · 1902
- Babbitt v. ClarkSupreme Court of the United States · 1881
- Crossland v. AdmireSupreme Court of Missouri · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- State ex rel. Carleton v. District CourtMontana Supreme Court · 1905
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- State Ex Rel. County of Musselshell v. District CourtMontana Supreme Court · 1931
21 more not listed; retrieve them via the Exa API.