Root v. Butte, Anaconda & Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Deer Lodge County. Theodore Rrantly, Judge. Action by S. D. Root against the Butte, Anaconda & Pacific Railway Company for damages resulting from the construction of defendant’s road in front of plaintiff’s property. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Deer Lodge County. Theodore Rrantly, Judge. Action by S. D. Root against the Butte, Anaconda & Pacific Railway Company for damages resulting from the construction of defendant’s road in front of plaintiff’s property. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. Plaintiff and respondent sued the defendant and appellant railroad for damages, and alleged that the defendant constructed and operated its line of railroad and its steam locomotives and cars over and along…
1Opinion of the CourtHunt, J.
Under a general allegation of damages the plaintiff may prove and recover only general damages ; that is, such damages as naturally and necessarily result from the acts or omissions complained of. (Phil. Code PI. § 424.) The law implies general damages from certain facts stated, and where there is such an implication there need be no allegation of damages, beyond stating the amount claimed. But if a plaintiff is entitled to damages different from, or besides, general damages implied by law, he should plead them. ‘ ‘He may,” writes Phillips, a careful and very recent author on Code Pleading…
2Cases cited8 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rose v. State of CaliforniaCalifornia Supreme Court · 1942
- Less v. City of ButteMontana Supreme Court · 1903
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- Cook-Reynolds Co. v. ChipmanMontana Supreme Court · 1913
- Buhmann v. StateMontana Supreme Court · 2008
11 more not listed; retrieve them via the Exa API.