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GUSTAFSON v. NORTHERN PACIFIC RAILWAY COMPANY

No. 9994.

351 P.2d 212 (1960)

Hilda GUSTAFSON, Plaintiff and Appellant, v. NORTHERN PACIFIC RAILWAY COMPANY, a Wisconsin Corporation, R.M. Cain, L.E. Meske, and L.S. Hatcher, Defendants and Respondents.

Supreme Court of Montana.

Decided March 16, 1960.

As amended on Denial of Rehearing, April 20, 1960.

Attorney(s) appearing for the Case

Goldman & Jordan, Missoula, for appellant. Lee A. Jordan argued orally.

Smith, Boone & Rimel, Missoula, for respondents. Russell E. Smith argued orally.

HARRISON, Chief Justice.

This action was brought by plaintiff, Hilda Gustafson, in her own right as the mother and only heir at law of James Gustafson, deceased, to recover damages for the death of her son, which, it is charged, was caused by the negligence of the defendant railway corporation and its agents, defendants, R.M. Cain, the engineer, and brakemen, L.E. Meske and L.S. Hatcher.

Defendant railway owns and operates railroad yards in Missoula, Montana...

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