Neary v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by Marie Neary, widow and beir at law of James S.. Neary, deceased, and others, minors and heirs at law of the-deceased, by their guardian ad litem, Marie Neary, against the Northern Pacific Railway Company and another. From a judgment for plaintiffs, defendants appeal. The gravamen of respondents’ ease was the wanton action of' defendants resulting in the death of Neary.
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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by Marie Neary, widow and beir at law of James S.. Neary, deceased, and others, minors and heirs at law of the-deceased, by their guardian ad litem, Marie Neary, against the Northern Pacific Railway Company and another. From a judgment for plaintiffs, defendants appeal. The gravamen of respondents’ ease was the wanton action of' defendants resulting in the death of Neary. Having elected to recover upon this state of facts, the proof must support the allegations of wantonness. (Robinson v. Helena L. <& Ry. Co.,. 38 Mont.…
1Opinion of the CourtJustice Smith
This is the second appeal of this case. (Neary v. Northern Pacific Ry. Co., 37 Mont. 461, 97 Pac. 944, 19 L. R. A., n. s., 446.) Upon the first trial the district court of Yellowstone county directed a verdict for the defendants, and judgment in their favor was entered accordingly. This court reversed the judgment, and remanded the cause for a new trial. It was held (1) that the deceased, Neary, was guilty of contributory negligence, and (2) that the cause should have been submitted to the jury upon the question of the defendants’ negligence in failing to use reasonable care to avail…
2Cases cited42 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Richter v. HarperMichigan Supreme Court · 1893
- Raymond v. BlancgrassMontana Supreme Court · 1908
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3Cited by45 opinions
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- Donnelly v. Southern Pacific Co.California Supreme Court · 1941
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Rocky Mountain Produce Trucking Co. v. JohnsonNevada Supreme Court · 1962
- Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
40 more not listed; retrieve them via the Exa API.