Hunt v. White Sulphur Springs & Yellowstone Park Railway Co.
Montana Supreme Court
Appeals from District Court, Meagher County; E. H. Goodman, Judge. Action by Mark Hunt against tbe White Sulphur Springs & Yellowstone Park Bailway Company. Judgment for plaintiff, and defendant appeals from it and from an order denying a new trial.
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Appeals from District Court, Meagher County; E. H. Goodman, Judge. Action by Mark Hunt against tbe White Sulphur Springs & Yellowstone Park Bailway Company. Judgment for plaintiff, and defendant appeals from it and from an order denying a new trial. In the absence of any statute making the railway companies liable for injuries sustained by reason of failure to fence its right of way, and defining what injuries it will be liable for' by reason of such failure, it is not liable for injury to stock upon the right of way. Unless the ease comes squarely within the provisions of some statute or…
1Opinion of the Court
MR. COMMISSIONER COMER
prepared the opinion for the court.
Plaintiff brings this action against defendant railway company, alleging that certain cattle-guards on the defendant’s railway about two and one-half miles south of White Sulphur Springs, Meagher county, Montana, were not built and maintained in a manner sufficient to prevent cattle and horses from crossing over them, but were negligently allowed and permitted by the defendant to be and remain in such a condition that cattle and horses could freely pass across and over the said cattle-guards at will, and wander in and upon the right of…
2Cases cited12 opinions
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Alexander v. Great Northern Ry. Co.Montana Supreme Court · 1916
- Thayer v. Snohomish Logging Co.Washington Supreme Court · 1918
- McCook v. BryanSupreme Court of Oklahoma · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- West v. WilsonMontana Supreme Court · 1931
- Fabert v. Northern Pacific Railway Co.Montana Supreme Court · 1926
- Riggs v. WebbMontana Supreme Court · 1926