Heckaman v. Northern Pacific Railway Co.

Appeal from a judgment awarding M. C. Heckaman damages for losses suffered when, on June 7, 1929, his place of business in Wibaux was flooded by reason, as he alleges, of the insufficiency of the openings in the embankment maintained by the Northern Pacific Railway Company, to permit the passage of the flood waters of Beaver Creek.

The Northern Pacific Railroad was built through eastern Montana in 1880, and passes through Wibaux from east to west crossing Beaver Creek at right angles within the corporate limits. The stream, normally but 3 or 4 feet in width, flows from south to north through a…