Doney v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Lewis and Ciarle County; W. H. Poorman, Judge. Action by Jabez Doney against tbe Northern Pacific Railway Company and the Bntte, Anaconda & Pacific Railway Company. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Lewis and Ciarle County; W. H. Poorman, Judge. Action by Jabez Doney against tbe Northern Pacific Railway Company and the Bntte, Anaconda & Pacific Railway Company. Judgment for defendants, and plaintiff appeals. The controlling, if not the only, question presented is whether an action for damages, like the present, or in latter-day parlance, an action for “reparation,” may be maintained without showing a prior determination by the Railroad Commission. Plaintiff maintains the affirmative and contends that: At the time of the creation of the Railroad Commission,…
1Opinion of the CourtJustice Galen
This action was brought by the plaintiff to recover damages for alleged discriminatory and unreasonable freight charges collected by the defendants on certain lumber shipments. Separate general demurrers were interposed by each of the defendants to the plaintiff’s second amended complaint, which were sustained by the lower court and judgment entered dismissing such complaint. The appeal is from the judgment.
Three specifications of error are assigned by the plaintiff, involving but one question, viz.: Does the complaint state facts sufficient to constitute a cause of action? The second amended…
2Cases cited33 opinions
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- Mitchell Coal & Coke Co. v. Pennsylvania RailroadSupreme Court of the United States · 1913
- Manufacturers Railway Co. v. United StatesSupreme Court of the United States · 1918
28 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
- State Ex Rel. Washington State Finance Committee v. MartinWashington Supreme Court · 1963
- Montana Horse Products Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
- Michigan Bell Telephone Co. v. Public Service CommissionMichigan Supreme Court · 1946
- Sunburst Oil & Refining Co. v. Great Northern Railway Co.Montana Supreme Court · 1932
13 more not listed; retrieve them via the Exa API.