Legal Opinion

Jonosky v. Northern Pacific Ry. Co.

Montana Supreme Court

Decided January 2, 1920No. 4,066PublishedCited by 39 opinions

Appeal from District Court of Silver Bow County; J. J. Lynch, Judge. Action by Joseph Jonosky, as administrator of the estate of Chester Jonosky, deceased, against the Northern Pacific Eailway Company. Judgment fur plaintiff. Defendant appeals.

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Appeal from District Court of Silver Bow County; J. J. Lynch, Judge. Action by Joseph Jonosky, as administrator of the estate of Chester Jonosky, deceased, against the Northern Pacific Eailway Company. Judgment fur plaintiff. Defendant appeals. At common law the rule is that railroad companies owe no duty to trespassers or mere licensees other than to refrain from willful or wanton injury to them and to use reasonable care to prevent injury after discovering them in danger, even though such trespassers or licensees have been using the company’s premises or tracks for a long time without…

1Opinion of the CourtJustice Holloway

Immediately east, south and west of its passenger station in Butte are the yards owned and operated by the Northern Pacific Railway Company. Through these yards, running from east to west, are the main-line tracks and some twenty or more tracks parallel thereto, with the necessary connecting switches. These tracks are in constant use in moving trains through the yards, in storing cars, in making up and breaking up trains, in mov*70ing ears to and from warehouses and to and from loading •and unloading spurs. Several city streets, including California Avenue, extend from the north to, and…

2Cases cited11 opinions

  1. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  2. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  3. Phillips v. Library Co.Supreme Court of New Jersey · 1893
  4. Romana v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  5. Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917

6 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Loudon v. ScottMontana Supreme Court · 1920
  2. Ball Ex Rel. Ball v. BallWyoming Supreme Court · 1954
  3. Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
  4. Collins v. ItohMontana Supreme Court · 1972
  5. Cassaday v. City of BillingsMontana Supreme Court · 1959

34 more not listed; retrieve them via the Exa API.

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