Montana Supreme Court February 10, 1905, No. 2,120 (State ex rel. Montana Central Railway Co. v. District Court)

MB. JUSTICE HOLLOWAY,

after stating the case, delivered the opinion of the court.

It is to be noted in the first instance that the defendant had pleaded in its answer contributory negligence on the part of the plaintiff and negligence of the fellow-servants of the plaintiff as special defenses.