Lewis v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Broadwater County; Frank . Henry, Judge. Action by S. L. Lewis against the Northern Pacific Eailway ■ Company and one of its locomotive engineers for damages for personal injuries. From a judgment for plaintiff, and an order denying a new trial, defendants appeal.
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Appeal from District Court, Broadwater County; Frank . Henry, Judge. Action by S. L. Lewis against the Northern Pacific Eailway ■ Company and one of its locomotive engineers for damages for personal injuries. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Section 1 of Chapter 83 of the Laws of 1903 violates the Fourteenth Amendment of the Constitution of the United States, in that it denies to railway corporations the equal protection of the laws. The extra hazard to which railway employees are exposed in the operation of trains is a reason for the…
1Opinion of the CourtChief Justice Brantly
This action was brought by the plaintiff to recover damages for the loss of his left hand, sustained while in the employ of the defendant company. It is alleged that the injury was occasioned by’the negligence of the engineer of defendant’s locomotive while drawing a train upon which the plaintiff was employed as a brakeman.
Plaintiff bases his right of recovery upon the provisions of the Act of the legislature of 1903 (Sess. Laws 1903, p. 156), rendering railroad corporations liable for injuries caused by the negligence of engineers. The trial resulted in a verdict and judgment for plaintiff…
2Cases cited34 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
29 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Autio v. MillerMontana Supreme Court · 1932
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- Barth v. PockMontana Supreme Court · 1915
- Atlantic Coast Line Railroad v. StateSupreme Court of Georgia · 1910
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
17 more not listed; retrieve them via the Exa API.