Pierce v. Chicago, Milwaukee & Puget Sound Ry. Co.
Montana Supreme Court
Appeal from District Court, Missoula County; B. Lee McCulloch, Judge. Action by Frank J. Pierce against tbe Chicago, Milwaukee & Puget Sound Railway Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Cause submitted on briefs of Counsel.
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Appeal from District Court, Missoula County; B. Lee McCulloch, Judge. Action by Frank J. Pierce against tbe Chicago, Milwaukee & Puget Sound Railway Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Cause submitted on briefs of Counsel. Plaintiff cannot recover for tbe value of tbe timber taken, or for tbe land included witbin tbe right of way, or for damages to timber or land not taken, because at tbe time these acts were committed he did not have title to the land. (Williams v. Southern Pac. B. Go., 150 Cal. 624, 89 Pae. 599; St. Louis & S. F. B.…
1Opinion of the CourtChief Justice Brantly
This action was commenced on )\lay 16, 1912, for the recovery of damages alleged to have resulted to plaintiff from the appropriation and occupation by the defendant of a strip of land 200 feet in width and covering an area of twenty-eight acres, as a right of way for its railroad. The strip is a part of a tract of 160 acres situate in Missoula county, acquired by plaintiff by patent from the United States under a timber and stone entry made in compliance with the provisions of the federal laws applicable. The facts presenting the questions at issue are, briefly stated, as follows:
Prior to…
2Cases cited10 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Atherton v. FowlerSupreme Court of the United States · 1878
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Stalker v. Oregon Short Line RailroadSupreme Court of the United States · 1912
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3Cited by3 opinions
- Yellowstone River, LLC v. Meriwether Land Fund I, LLCMontana Supreme Court · 2011
- King County v. RasmussenDistrict Court, W.D. Washington · 2001
- Stepan v. Northern Pacific Railway Co.Montana Supreme Court · 1928