Legal Opinion
Notti v. Great Northern Railway Co.
Montana Supreme Court
Decided May 10, 1940No. 8,049PublishedCited by 4 opinions
1Opinion of the CourtJustice Angstman
This action is based upon the Federal Employers’ Liability Act, Title 45, section 51, U. S. C. A. The action is to recover damages for the death of Antonio Vitellone, who was killed on March 1, 1933, while employed by the defendant railway company. The complaint alleges that the railway company and Vitellone were both engaged in interstate commerce at the time the latter was killed. The court sustained a general demurrer to the complaint and, upon plaintiff’s failure to amend, entered judgment in favor of the defendant.
No question is raised regarding the sufficiency of the complaint to allege…
2Cases cited10 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
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3Cited by4 opinions
- Poff v. Pennsylvania RailroadSupreme Court of the United States · 1946
- Butte Miners' Union No. 1 v. Anaconda Copper Mining Co.Montana Supreme Court · 1941
- Poff v. Pennsylvania R. R.Court of Appeals for the Second Circuit · 1945
- Poff v. Pennsylvania RailroadSupreme Court of the United States · 1946