Riley v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by Esther L. Biley, as administratrix, against the Northern Pacific Bailway Company. Prom a judgment for plaintiff, and an order denying a new trial, defendant appeals.
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Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by Esther L. Biley, as administratrix, against the Northern Pacific Bailway Company. Prom a judgment for plaintiff, and an order denying a new trial, defendant appeals. “If one, upon approaching a railroad crossing, intending to pass over it, fails to make a vigilant use of his senses — that is, to look or listen, and to stop for this purpose, if necessary, to learn if there is danger — and by reason of this failure to exercise this precaution he is injured, then he contributes directly to such injury, and cannot be…
1Opinion of the CourtJustice Smith
delivered" tbe opinion of tbe court.
Between 2 and 3 o’clock on tbe morning of July 18, 1905, two men, named Reuben A. Riley and George Cresap, were-struck and instantly killed by a switcb-engine of tbe Northern Pacific Railway Company on tbe Twenty-seventh street crossing of tbe tracks of that company in Billings, Montana. This-action was begun by tbe plaintiff, tbe widow and administratrix of tbe estate of Reuben A. Riley, to recover damages for bis death, on tbe ground that it was due to tbe negligence of tbe railway company and its employees. Poster L. Skill man, tbe engineer in charge of…
2Cases cited3 opinions
- Nelson v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1907
- Orient Insurance v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- State v. McLeodMontana Supreme Court · 1907
3Cited by23 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
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