McIntyre v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County, in the Second Judicial District; Theodore Lentz, a Judge of the Fourth District, presiding. Action by Muriel McIntyre against the Northern Pacific Railway Company, William T. Finnegan and others. From a judgment in favor of the defendants named; and an order denying a new trial, plaintiff appeals.
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Appeal from District Court, Silver Bow County, in the Second Judicial District; Theodore Lentz, a Judge of the Fourth District, presiding. Action by Muriel McIntyre against the Northern Pacific Railway Company, William T. Finnegan and others. From a judgment in favor of the defendants named; and an order denying a new trial, plaintiff appeals. There were two contested questions before the trial court: (a) As to whether or not Engineer Lawrence, or any of the defendants, saw the child standing upon the railway company’s right of way in time sufficient in which he, or they, in the exercise of…
1Opinion of the CourtChief Justice Brantly
In this action the plaintiff seeks to recover damages for the loss she sustained by reason of the death of her son, Freddie Lautwe, which is alleged to have been caused by negligence in the operation of a switch-engine of the railway company by its employees in its yard at Butte. Defendants Lawrence and Williams, respectively the engineer and fireman in charge of the engine, were not served with summons, and therefore were not parties to the trial. At the conclusion of the 'evidence the court, on motion of the railway company and defendant Finnegan, directed a verdict in their favor.…
2Cases cited9 opinions
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- State ex rel. Mannix v. District CourtMontana Supreme Court · 1915
- State ex rel. Dolenty v. District CourtMontana Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Fauver v. WilkoskeMontana Supreme Court · 1949
- Kuiper v. Goodyear Tire & Rubber Co.Montana Supreme Court · 1983
- Fisher v. Butte Electric Railway Co.Montana Supreme Court · 1925
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
10 more not listed; retrieve them via the Exa API.