GREAT NORTHERN RAILWAY COMPANY v. UNITED STATES

Civ. No. 1999.

187 F.Supp. 690 (1960)

GREAT NORTHERN RAILWAY COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Havre-Glasgow Division.

September 29, 1960.


Attorney(s) appearing for the Case

Weir, Gough & Booth, and Ward A. Shanahan, Helena, Mont., and John J. Burke, Helena, Mont., for plaintiff.

Krest Cyr, U. S. Atty., and Jack H. Bookey, Asst. U. S. Atty., Butte, Mont., for defendant.


JAMESON, District Judge.

Plaintiff seeks indemnity from defendant, pursuant to the Federal Tort Claims Act, 28 U.S.C.A. § 1346, for a payment made to Elliott Richie as a result of an accident on December 22, 1955. Richie, while standing on plaintiff's depot premises at Rudyard, Montana, was struck by a mail pouch thrown by Forrest J. McNeil, a postal transportation clerk employed by the defendant, from one of plaintiff's westbound trains as it passed through...

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