Kelly v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Yelloivstone County; C. H. Loud, Judge. Action by Harry L. Kelly against the Northern Pacific Railway Company. From a judgment for defendant, plaintiff appeals. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ.
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Appeal from District Court, Yelloivstone County; C. H. Loud, Judge. Action by Harry L. Kelly against the Northern Pacific Railway Company. From a judgment for defendant, plaintiff appeals. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ. Proc., see. 740.) The practice of questioning the sufficiency of a petition by an objection to the introduction of evidence thereunder is not to be encouraged, and such objection should be overruled if, upon any fair…
1Opinion of the CourtJustice Smith
This action was begun in the district court of Yellowstone county to recover of the defendant corporation damages for personal injuries.
*247The complaint sets forth a cause of action for negligence on the part of the defendant as follows:_ “(3) That on the first day of November, A. D. 1905, about 9.o’clock P. M., the defendant company was backing a string of twelve (12) boxcars with one of its switch engines, in an easterly direction, over transfer track No. 2 of its yards in Billings, Montana, and while so backing its said cars the plaintiff, then in the employ of said defendant company as a…
2Cases cited10 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Indianapolis & Greenfield Rapid Transit Co. v. ForemanIndiana Supreme Court · 1904
- Indianapolis Union Railway Co. v. HoulihanIndiana Supreme Court · 1901
- Chicago, Indianapolis & Louisville Railway Co. v. BarnesIndiana Supreme Court · 1905
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3Cited by9 opinions
- Beeler v. Butte & London Copper Development Co.Montana Supreme Court · 1910
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
- Melzner v. Raven Copper Co.Montana Supreme Court · 1913
- Ecclesine v. Great Northern Ry. Co.Montana Supreme Court · 1920
- Kinsel v. North Butte Mining Co.Montana Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.