| Montana Railroad Law |
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John James McFarland v. Dirk Kempthorne, etc.
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Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants’ motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service’s (Park Service)... More... $0 (10-02-2008 - MT)
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George Treperinas v. Burlington Norther Santa Fee Railroad Company
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George Treperinas sued Burlington Northern Santa Fe Railroad on a wrongful termination theory claiming that he was terminated after he reported that he had sustained a neck injury on the job and would require extensive medical care.
Treperinas was out of work until an appeals board ordered that he be returned to his job. He underwent therapy and surgery on his neck and was unable to pay his bi... More... $300000 (12-22-2006 - MT)
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Paul D. Arnold v. Montana Rail Link, Inc.
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Montana Rail Link employed Plaintiff as a Locomotive Engineer for 16 years during which he operated a wide variety of diesel locomotives that were equipped with seats commonly used throughout the U.S. railroad industry. Significantly, Plaintiff testified that 95% of the locomotives he operated over the course of his MRL career were owned and maintained by BNSF Railway Co. and its predecessor r... More... $550000 (04-14-2006 - MT)
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Albert Todd Hohnholt v. BNSF Railway Company
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Railroad, Federal Employers' Liability Act and Federal Locomotive Inspection Act.
Plaintiff Todd Hohnholt, a 45 year-old engineer with 25 years of seniority from Guernsey, Wyoming, was injured on the job on July 4, 2004 after exiting the cab of a BNSF locomotive. As Plaintiff began to descend the locomotive stairway, the top portion of a rusty handhold broke, causing Plaintiff to loose h... More... $1500000 (08-25-2005 - MT)
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Douglas McKown v. Burlington Northern Santa Fe Railroad
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Douglas McKown sued Burlington Northern Santa Fe Railroad on a Federal
Employers' Liability Act (FELA) claim for injuries he sustained as a
result of a collision between two coal trains in the Powder River Basin
in 2002.
On May 11, 2002, 49 year-old Plaintiff Douglas P. McKown, a BNSF
Locomotive Engineer, and his conductor departed the North Rochelle coal
mine in southern Wyoming wi... More... $1000000 (03-11-2005 - MT)
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Michael A. Albinger v. Michelle L. Harris
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1 Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated a... More... $0 (06-02-2002 - MT)
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Renner v. Nemitz
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1 The appellant, David Nemitz (Nemitz), appeals from an order of the District Court of the Sixteenth Judicial District, Custer County, finding a prescriptive easement over his property in favor of the respondent, James G. Renner (Renner). We affirm in part and reverse in part.
2 We address the following issues on appeal:
3 1. Did the District Court err in finding a prescriptive easement ov... More... $0 (10-04-2001 - MT)
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Lee v. Burlington Northern Santa Fe Railroad Company
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This case involves an action for damages against a railroad
asserting an alleged failure to maintain adequate warning
devices at a grade crossing near Columbia Falls, Montana.
After appellant Stacey Thomas Lee ("Lee") was injured in a
collision with a train, he sued Burlington Northern Santa Fe
("BNSF"), the train's owner and operator. Lee contended that the warning signs posted at the crossi... More... $0 (04-16-2001 - MT)
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Big Horn County Electric Cooperative, Inc., v. Denis Adams, et al.
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The Crow Tribe enacted the Railroad and Utility Tax Code which assesses a 3% tax on the full fair market value of all "utility property" located on tribal or trust lands within the exterior boundaries of the Crow Reservation. Big Horn Electric Cooperative filed an action in federal district court against several tribal officials for injunctive and declaratory relief, contending that the Tribe exc... More... $0 (07-14-2000 - MT)
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Red Wolf, et al. v. Burlington Northern Railroad Co.
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Railroad. Five Crow Indians sued for damages and injuries sustained by them in a railroad crossing accident. ... More... $250000000 (02-06-1996 - MT)
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