Legal Opinion

Boyle v. Chicago, Milwaukee & St. Paul Ry. Co.

Montana Supreme Court

Decided June 27, 1921No. 4,406PublishedCited by 13 opinions

Appeal from District Court, Missoula County; Asa L. Duncan, Judge. Action by Catherine Boyle against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant. From an order denying her a new trial, plaintiff appeals.

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Appeal from District Court, Missoula County; Asa L. Duncan, Judge. Action by Catherine Boyle against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for defendant. From an order denying her a new trial, plaintiff appeals. Until the motion for directed verdict, no argument had ever been made on the insufficiency of the complaint in support of the general demurrer, the general objection to the introduction of evidence, or the motion for nonsuit; and upon the argument in support of the directed verdict, for the first time the court’s attention and that of opposing counsel was called…

1Opinion of the Court

MR. COMMISSIONER JACKSON

prepared the opinion of the court.

Appeal from an order denying a new trial. This action was for damages on account of personal injuries alleged to have been sustained by plaintiff while an employee of the defendant. In the course of her employment, it was her duty to move certain levers which governed the action of semaphores on the railroad line, and while moving one of them she alleged that by defendant’s negligence it broke, and she was thrown to the floor, sustaining the alleged injuries.

[1] Among other allegations, the complaint states: “That said lever at said…

2Cases cited5 opinions

  1. Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
  2. Northwest Thresher Co. v. McNinchSupreme Court of Oklahoma · 1914
  3. Ferrat v. AdamsonMontana Supreme Court · 1917
  4. Ecclesine v. Great Northern Ry. Co.Montana Supreme Court · 1920
  5. McEnaney v. City of ButteMontana Supreme Court · 1911

3Cited by13 opinions

  1. Ulmen v. SchwiegerMontana Supreme Court · 1932
  2. Marcellus v. WrightMontana Supreme Court · 1923
  3. Wells-Dickey Co. v. EmbodyMontana Supreme Court · 1928
  4. Crenshaw v. CrenshawMontana Supreme Court · 1947
  5. Griffin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1923

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