Legal Opinion

McKay v. Montana Union Railway Co.

Montana Supreme Court

Decided December 31, 1892PublishedCited by 20 opinions

Appeal frCfm, Seeond Judicial District, Silver Bow County. Action for damages for personal injuries. Judgment was entered on a verdict directed for defendant by McHatton, J. On motion to strike testimony from the record on appeal.

1Opinion of the CourtHarwood, J.

It appears from the complaint in this action that while appellant was in the employ of respondent he received certain personal injuries, alleged to have been sustained through the negligent and careless conduct of defendant’s agents and servants, and this action is brought to recover damages therefor. At the close of the trial, defendant moved the court to direct the jury to return a verdict for defendant, “for the reason that the testimony of plaintiff shows that he was assisting to propel the car in question, and that, whatever rate of speed it attained, he assisted therein, without…

2Cases cited4 opinions

  1. Garver v. LyndeMontana Supreme Court · 1887
  2. Kleinschmidt v. McAndrewsSupreme Court of the United States · 1886
  3. Wood v. RamondCalifornia Supreme Court · 1872
  4. Kleinschmidt v. McAndrewsMontana Supreme Court · 1881

3Cited by20 opinions

  1. Estate of SharonCalifornia Supreme Court · 1918
  2. Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
  3. Jensen v. BarbourMontana Supreme Court · 1895
  4. La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
  5. Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902

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