CALLIHAN v. GREAT NORTHERN RY.

No. 9935.

350 P.2d 369 (1960)

Robert W. CALLIHAN, Plaintiff and Respondent v. GREAT NORTHERN RAILWAY COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided March 18, 1960.

Rehearing Denied April 6, 1960.


Attorney(s) appearing for the Case

Weir, Gough, Booth & Burke, Helena, for appellant. Edwin S. Booth argued orally.

Maury, Shone & Sullivan, Butte, Walter T. Murphy, Superior, for respondent. A. G. Shone argued orally.


CASTLES, Justice.

This is an appeal from a judgment for plaintiff in an action to recover damages under the Federal Employers' Liability Act (45 U.S.C.A. §§ 51 to 59) for personal injuries allegedly suffered by plaintiff who was thrown from a bunk while sleeping in a caboose when a train was brought to a sudden stop because of an apparent emergency situation. A jury verdict was in the amount of $51,000.

The plaintiff, respondent here, will be referred...

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