Wall v. Helena Street Railway Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action for damages for personal injuries. The cause was tried before Hunt, J. Plaintiff had judgment below. I. It was error to deny defendant’s motion for a nonsuit. (a) The rule is universal that in an action charging negligence there must be some evidence adduced by the plaintiff to prove the same. This was not done in this ease.
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Appeal from First Judicial District, Lewis and Clarice County. Action for damages for personal injuries. The cause was tried before Hunt, J. Plaintiff had judgment below. I. It was error to deny defendant’s motion for a nonsuit. (a) The rule is universal that in an action charging negligence there must be some evidence adduced by the plaintiff to prove the same. This was not done in this ease. (b) When it appears from the plaintiff’s testimony in an action, the gist of which is negligence, that the injury was occasioned by plaintiff’s own act, then it becomes incumbent upon him to negative…
1Opinion of the CourtBlake, C. J.
This is an appeal from the judgment and order of the court overruling the motion for a new trial. The judgment was entered on the verdict of the jury for the plaintiff for the sum of two thousand five hundred dollars, as damages for personal injuries alleged to have been sustained through the neglect of a servant of defendant, a street railway company.
The following facts appear to have been proved by a fair preponderance of testimony: About three o’clock in the afternoon of January 23, 1890, a car drawn by two horses was being driven on defendant’s track to the south of Main Street, in the…
2Cases cited11 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Page v. New York Realty Co.Montana Supreme Court · 1921
- Chichas v. Foley Bros. Grocery Co.Montana Supreme Court · 1925
- Nelson v. City of HelenaMontana Supreme Court · 1895
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.