Koerner v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeals from District Court of Yellowstone County; A. C. Spencer, Judge. Action by Jacob C. Koemer against the Northern Pacific Railway Company. The court directed a verdict for defendant, and from the judgment and an order denying his motion for new trial, plaintiff appeals. The defendant pleaded as one of its defenses that it had made settlement with and paid to plaintiff the sum of $1,250 in full settlement of his claim for the injuries complained of in this action.
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Appeals from District Court of Yellowstone County; A. C. Spencer, Judge. Action by Jacob C. Koemer against the Northern Pacific Railway Company. The court directed a verdict for defendant, and from the judgment and an order denying his motion for new trial, plaintiff appeals. The defendant pleaded as one of its defenses that it had made settlement with and paid to plaintiff the sum of $1,250 in full settlement of his claim for the injuries complained of in this action. The plaintiff in reply has disclaimed such settlement, and the testimony on that issue is in dispute. We believe it to be…
1Opinion of the CourtJustice Holloway
Jacob C. Koemer was injured while employed by the Northern Pacific Railway Company repairing a water-tank at Brackett, North Dakota, and brought this action to recover damages. At the conclusion of the evidence the trial court directed a verdict for the defendant, and plaintiff has appealed from the judgment entered thereon and from an order denying his motion for a new trial.
1. The injury resulted from the bursting of a water-tank, [1] and the negligence relied upon was the use of nails instead of wrought iron rivets for splicing the steel hoops used to hold the staves of the tank in place,…
2Cases cited10 opinions
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Gehlert v. QuinnMontana Supreme Court · 1907
- Morelli v. Twohy Bros.Montana Supreme Court · 1918
- Frazier v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1916
- Michalsky v. Centennial Brewing Co.Montana Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Carey v. GuestMontana Supreme Court · 1927
- Grant v. NihillMontana Supreme Court · 1922
- Westfall v. Motors Ins. Corp.Montana Supreme Court · 1962
21 more not listed; retrieve them via the Exa API.