Dillon v. Great Northern Railway Co.
Montana Supreme Court
Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by Winifred Dillon in her own right and as guardian of her minor children, against the Great Northern Railway Company. From a judgment for plaintiffs, defendant appeals. Instantaneous death prevents the birth of the deceased’s statutory cause of action, and hence also prevents the possibility of survivorship. (The Corsair (Barton v. Brown), 145 U. S. 335. 12 Sup.
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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by Winifred Dillon in her own right and as guardian of her minor children, against the Great Northern Railway Company. From a judgment for plaintiffs, defendant appeals. Instantaneous death prevents the birth of the deceased’s statutory cause of action, and hence also prevents the possibility of survivorship. (The Corsair (Barton v. Brown), 145 U. S. 335. 12 Sup. Ct. 949, 36 L. Ed. 727; Kearney v. Boston B. B. Cory., 9 Cush. 108; Hollenbeck v. Berkshire B. B. Co., 9 Cush. 478; Kennedy v. Standard Sugar Befinery, 125…
1Opinion of the Court 1
Instantaneous death prevents the birth of the deceased's statutory cause of action, and hence also prevents the possibility of survivorship. (The Corsair (Barton v. Brown), 145 U. S. 335,12 Sup. Ct. 949, 36 L. Ed. 727; Kearney v. Boston R. R. Corp., 9 Cush. 108;Hollenbeck v. Berkshire R. R. Co., 9 Cush. 478; Kennedy v. StandardSugar Refinery, 125 Mass. 90, 28 Am. Rep. 214; Moran v.Hollings, 125 Mass. 93.) The negligence complained of, and which constitutes the foundation of the alleged right of action, was not completed while Dillon lived, and, therefore, while his heirs may have a cause of…
Also in this document: Opinion of the Court · Holloway.
2Cases cited47 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- The CorsairSupreme Court of the United States · 1892
- Veeder v. . BakerNew York Court of Appeals · 1880
- Minneapolis & St. Louis Railway Co. v. HerrickSupreme Court of the United States · 1888
42 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Cunningham v. Northwestern Improvement Co.Montana Supreme Court · 1911
- Swanson v. Champion International Corp.Montana Supreme Court · 1982
- Duffy v. Lipsman-Fulkerson & Co.District Court, D. Montana · 1961
- Burns v. FisherMontana Supreme Court · 1957
- Conley v. ConleyMontana Supreme Court · 1932
44 more not listed; retrieve them via the Exa API.