Golden v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Missoula County; Henry L. Myers, Judge. Action by Michael Golden against the Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying a motion for new trial, defendant named appeals.
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Appeal from District Court, Missoula County; Henry L. Myers, Judge. Action by Michael Golden against the Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying a motion for new trial, defendant named appeals. The foundation of the claim of error with regard to the specifications made is the refusal of the trial court to stay proceedings therein upon the filing of appellant’s petition for and bond on removal to the circuit court of the United States; for if the petition and bond were sufficient in form and were filed in time, all the subsequent…
1Opinion of the CourtChief Justice Brantly
This action was instituted by plaintiff to recover damages for a personal injury to himself, which he alleges was caused by the defendants by willful, wanton, and reckless negligence in ejecting him from one of the freight trains of the defendant railway company. It is alleged that the defendant McCarthy was on the morning of June 23,1906, in the employ of the railway company, and that he by force and violence ejected the plaintiff from one of its freight trains while it was in rapid motion, and thus caused Tifm to fall under the wheels, whereby he suffered the loss of his *441right leg. The…
2Cases cited22 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Kern v. HuidekoperSupreme Court of the United States · 1881
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
- Nelson & Witt v. Texas Co.Michigan Supreme Court · 1931
- Childers v. Southern Pacific Co.New Mexico Supreme Court · 1915
- State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
13 more not listed; retrieve them via the Exa API.