RESNER v. NORTHERN PACIFIC RAILWAY

No. 12104.

505 P.2d 86 (1973)

Charolette L. RESNER, Administratrix of the Estate of Herbert R. Resner, Deceased, Plaintiff and Appellant, v. The NORTHERN PACIFIC RAILWAY, a Wisconsin Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided January 12, 1973.


Attorney(s) appearing for the Case

Daniel J. Shea (argued), Missoula, for appellant.

Garlington, Lohn & Robinson, J.C. Garlington, Lawrence F. Daly, (argued), Missoula, for respondent.


JOHN C. HARRISON, Justice.

This appeal arose out of a wrongful death action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Herbert R. Resner and his section foreman, Benny Adams, were killed when the track motor car on which they were riding collided with a Northern Pacific freight train on August 15, 1967. The collision occurred between Alberton and Cyr, Montana, between Mileposts 158 and 159 on the Northern Pacific tracks. At the...

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