The people's voice. [volume] (Helena, Mont.) 1939-1969, 1946-07-26
Montana Supreme
Court Decisions
For Period Ending June 20, 1916:
lima 18th Iobn Ponpar nc Pail.

June lEtn-Jonn L. Bonner VS.. hdii
way Employees Association.
Appealed from Flathead County
Kalispell Unanimous opinion of the
Court prepared by Justice Albert II.
Angstman.
Held: Bonner is member of an as
ISOLATION which has for it's purpose
the paying of a bonus to members who
are dismissed from the service of the
railway The question decided was
whether Bonner was entitled to the
bonus payment under his contract
with the association. INNER the terms
of the contract a bonus would not
be paid if on termination of employ
ment the member accepted pension.
The Supreme Court held that when
Bonner accepted pension under the
Railroad Retirement Act he could not,
under the terms of his contract, re-
ceive bonus from the Association.
June 24th - The Great Western
Sugar Co. VS.. Sam w. Mitchell. APP
pealed from Lewis and Clark County
Helena. Majority Opinion of the Court
prepared by Justice Albert H. Angst
man. Justice Edwin K Cheadle dis
sented
Held: In an action to recover taxes
paid under protest by the Sugar Com
pany, the question to be decided was
whether the additional fee, because
of an increased amount of capital
stock represented in Montana. should
be calculated according to the 1915
law Chapter 80 under which the
Sugar Company was authorized to do
business in Montana, or by the 1881
law Chapter 1872 which provided for
an increased fee. The Supreme Court
held that the fee must be calculated
according to the latter the 1881 law.
June 28th-Harry M. Palmer VS..
Great Northern Railway Co. Appealed
from Cascade County, Great Falls.
Majority opinion prepared by District
Judge Guy C. Derry sitting in place
Of Chief Justice Carl Lindquist who
deemed himself disqualified. Justice
Edwin Cheadle dissented.
Held: The Supreme Court affirmed |
a $4,000 judgment of the District
Court for the loss of leg due to an
Infection caused by so-called safety
shoes" furnished the plaintiff by de-
'endant railroad
June 29th-State ex rel. Needham
VS.. Justice Court. An original pro-
ceeding arising out of facts occurring
in Silver Bow County, Butte. Opinion
Of the Court prepared by Justice Hugh !
R. Adair
Held: The Supreme Court refused
o issue a writ Of supervisory control
n an action in the justice court in
7olving unlawful detainer.
June 28th-Walter White VS.. John |
Ramps. Appealed from Gallatin Coun-
y, Bozeman. Unanimous opinion of
he Court prepared by Justice Edwin
(. Cheadle.
Held: The Supreme Court affirmed
! judgment of the District Court in
.ase adjudging that Ramps had no
light or easement to travel upon or
Icross Whites land; that there was
10 public road across Whites land;
md that Ramp be restrained from
travelling over Whites land.
June 28th--J. C. Keith VS.. Leo J.
<ottas. Two appeals from Lewis and
Clark County, Helena. Unanimous OPP
MON of the Court prepared by Justice
Albert H. Angstman.
Held: The Supreme Court reversed
he judgments and remanded the
ause for dismissal in favor of the de-
endant in a case where the plaintiff
ought payment for overtime" but |
allied to show an express contract or
warranting the applica-
ion Of the doctrine of a promise i'm
,lied by law.
June 2eth-D. A. Batchoff VS.. Ed
;raney. Appealed from Silver Bow
County, Butte. Unanimous opinion of
he Court prepared by Justice Albert |
H. Angstman.
Held: The Supreme Court affirmed |
! judgment of $4,000 awarded by the
District Court in favor of Batchoff who
lad sued Craney for damages for per-
onal injuries arising out of an auto
Mobile accident.
June 29th-State ex rel. Ernest
frederick eft al. VS.. District Court. An
riginal proceeding arising out of facts
ccurring in Meagher County, White
sulphur Springs. Opinion of the Court
repaired by Justice Claude F. Morris.
Held: Where child is adjudged
eglected and the custody and control
, given to the State Welfare Depart
ient, the consent of that department