Armitage v. Chicago, Milwaukee & St. P. Ry. Co.
Montana Supreme Court
Appeal from District Court, Gallatin Countyj Ben B. Law, Judge. Action by W. 0; Armitage against tbe Cbieago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiff, and from an order denying its motion for a new trial, defendant' appeals.
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Appeal from District Court, Gallatin Countyj Ben B. Law, Judge. Action by W. 0; Armitage against tbe Cbieago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiff, and from an order denying its motion for a new trial, defendant' appeals. Appellant contends that where tbe interstate carrier bas complied with the rulings and orders of tbe Interstate Commerce Commission in furnishing and equipping its ear with a safe and efficient hand-brake, the only duty then devolving upon it is that of exercising ordinary care to inspect and detect defects in the appliance and remedy the same.…
1Opinion of the CourtJustice Holloway
On December 2, 1914, the defendant, an interstate carrier, brought its east-bound freight train No. 74 into the yards at Harlowton, placed it upon a side-track, and cut off the locomotive. It was necessary to hold the cars by means of the handbrakes, and the plaintiff, head brakeman upon the train, in the discharge of his duties undertook to set the brakes upon car No. 61,981, but the brake mechanism gave way and plaintiff was injured. He brought this action to recover damages and prevailed in the lower court. The defendant has appealed from the judg*45ment and from an order denying its motion…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
3Cited by8 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Seibel v. ByersMontana Supreme Court · 1959
- Ballard v. Sacramento Northern Railway Co.California Court of Appeal · 1932
- Wright v. City of ButteMontana Supreme Court · 1922
- Link v. Seaboard Air Line Railway Co.Supreme Court of South Carolina · 1930
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