Legal Opinion

Helena & Livingston Smelting & Reduction Co. v. Lynch

Montana Supreme Court

Decided July 22, 1901No. 1,345PublishedCited by 15 opinions

Appeal from, District Court, Jefferson Countyj M. II. Par-Tier, Judge. Proceeding by the Helena & Livingston Smelting & Reduction Company against John Lynch and another to condemn a right of way for á ditch and flume. From the judgment assessing the damages, the plaintiff appeals.

1Opinion of the CourtChief Justice Brantly

Proceeding to condemn a right of way for a ditch and flume over the Pine Tree and Katie Lynch lode claims, situate in Jefferson county. The extent of the area sought to' be appropriated is a strip of land 4 feet in width and 1,421.6 feet in length upon the Pine Tree lode, and 777.5 feet in length upon the Katie Lynch lode. In the order of condemnation the district court appointed three commissioners to appraise the value of the land taken, and to assess the damages. After duly qualifying, the commissioners inspected the premises, heard the allegations and evidence of the parties, and…

2Cases cited3 opinions

  1. Territory of Montana v. MantonMontana Supreme Court · 1888
  2. Mulligan v. Montana Union Railway Co.Montana Supreme Court · 1897
  3. State v. BroadbentMontana Supreme Court · 1897

3Cited by15 opinions

  1. Lewis v. Northern Pacific Ry. Co.Montana Supreme Court · 1907
  2. Hollenback v. Stone & Webster Engineering Corp.Montana Supreme Court · 1913
  3. City of St. Louis v. SchoppSupreme Court of Missouri · 1930
  4. Bull v. Butte Electric Railway Co.Montana Supreme Court · 1924
  5. Griffin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1923

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