Melzner v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by A. B. Melzner, administrator of Omer Haddox, deceased, against tbe Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The complaint does not state facts sufficient to constitute a cause of action against said defendants, or either of them, and the demurrer thereto should have been sustained.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by A. B. Melzner, administrator of Omer Haddox, deceased, against tbe Northern Pacific Railway Company and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The complaint does not state facts sufficient to constitute a cause of action against said defendants, or either of them, and the demurrer thereto should have been sustained. There is no law or statute which confers upon the plaintiff the right to maintain this action. No action for the death of a minor can be maintained…
1Opinion of the CourtJustice Holloway
This action was brought by A. B. Melzner, as administrator of the estate of Omer Haddox, deceased, to recover damages for personal injuries which resulted in death. On January 20, 1909, at Whitehall, Montana, Omer Haddox, a minor about fourteen years of age, was struck by a locomotive driven by the defendant Barry and operated by the defendant railway company. The injury resulted in the death of the boy. The ■ complaint is drawn upon the theory that, after Engineer Barry discovered the peril in which the boy was situated, he still had a last clear chance to avoid injuring him, but failed to…
2Cases cited24 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Schreiber v. SharplessSupreme Court of the United States · 1884
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State Ex Rel. Palagi v. ReganMontana Supreme Court · 1942
- Burns v. EmingerMontana Supreme Court · 1929
- Burns v. FisherMontana Supreme Court · 1957
- State ex rel. Goodman v. StewartMontana Supreme Court · 1920
- State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
24 more not listed; retrieve them via the Exa API.