Flaherty v. Butte Electric Railway Co.
Montana Supreme Court
Appeal from the District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Wilfred H. Flaherty, by Laura S. Flaherty, his guardian ad litem, against the Butte Electric Railway Company and another. From a judgment for plaintiff and from an order denying a new trial, defendants appeal.
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Appeal from the District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Wilfred H. Flaherty, by Laura S. Flaherty, his guardian ad litem, against the Butte Electric Railway Company and another. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. The provision of section 6485, Bevised Codes, is exclusive, and authorizes the father to maintain a suit in his own name for damages suffered by the child through the wrongful act or neglect of another. (See Gardner v. Kellogg, 23 Minn. 463; Buechner v. Columbia Shoe Go., 60 Minn. 477, 62 N. W. 817;…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries, prosecuted by the plaintiff, a minor child, by his guardian ad litem. From a judgment entered in favor of the plaintiff, and from an order denying them a new trial, the defendants appeal. There are many specifications of error; but, in view of the conclusion we have reached, only a few of them require consideration.
1. It is urged that the plaintiff cannot sue by his guardian ad litem, but must proceed under section 6485, Revised Codes. With this we do not agree. Section 3599 of the Revised Codes provides: “A minor may enforce his rights by…
2Cases cited10 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Durkee v. Central Pacific RailroadCalifornia Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Frederick v. HaleMontana Supreme Court · 1910
- Zarzana v. Neve Drug Co.California Supreme Court · 1919
- Johnson v. HerringMontana Supreme Court · 1931
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