203 P. 859 | Mont. | 1921
delivered the opinion of the court.
On the 14th of September, 1916, George D. Skarpas was killed upon the track of the defendant company at or near Vendóme, Montana. Peter Kamboris was afterward appointed administrator of the estate of the deceased, and brought this action to recover damages because of the death. Verdict was rendered by the jury in favor of plaintiff for the sum of $10,000. Motion for new trial was made and overruled. Defendant has appealed from the judgment and from the order overruling the motion.
The appeals present three questions: (1) Was defendant guilty of negligence proximately causing the injury? (2) Was deceased guilty of contributory negligence barring recovery? (3) Was there error in the rulings of the court relative to questions involving the correct measure of damages?
The evidence is in direct conflict as to whether or not de
In a case of this kind, the contributory negligence of the
All through the trial it was the theory of defendant that at
Defendant offered an instruction to the effect that plaintiff
It appearing that no error was committed by the trial court of which defendant can now complain, it is ordered that the judgment and order overruling motion for new trial be affirmed.
Affirmed.