Walters v. Chicago, Milwaukee & Puget Sound Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Charles Walters against the Chicago, Milwaukee & Puget Sound Railway Company and another. Judgment for plaintiff. Defendants appeal from the judgment and from an order overruling a motion for new trial.
Read the full summary
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Charles Walters against the Chicago, Milwaukee & Puget Sound Railway Company and another. Judgment for plaintiff. Defendants appeal from the judgment and from an order overruling a motion for new trial. Since the introduction of automobiles, the various courts which have had under consideration crossing accidents have adopted a most rigid rule in fixing the degree of care necessary to be exercised by drivers of automobiles. The courts have required that the driver of an automobile approaching a railway crossing shall…
1Opinion of the CourtJustice Sanner
At about 6:12 P. M., on July 28, 1910, the respondent, while driving a Ford runabout, was struck on a public road crossing between Butte and Anaconda by one of appellant company’s trains. His companion was instantly killed and he seriously injured. To recover for such injuries he brought this action, alleging as negligence on the part of appellants that they were *506running the train at excessive speed and that they failed to blow the whistle, ring the bell or give any alarm of its approach. Eespondent had a verdict for $15,000, upon which judgment was entered. This appeal is from that judgment…
2Cases cited15 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
- New York Cent. & H. R. R. v. MaidmentCourt of Appeals for the Third Circuit · 1909
- Hartman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- O'BRIEN v. Great Northern Railroad CompanyMontana Supreme Court · 1966
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Sztaba v. Great Northern Railway Co.Montana Supreme Court · 1966
16 more not listed; retrieve them via the Exa API.