Fusselman v. Yellowstone Valley Land & Irrigation Co.
Montana Supreme Court
Appeal from District Court, Park County, in the Ninth Judicial District; Ben B. Law, Judge of the Ninth District, presiding. Action by E. W. Fusselman against tbe Yellowstone Valley Land & Irrigation Company. From an adverse judgment and an order denying a new trial, plaintiff appeals.
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Appeal from District Court, Park County, in the Ninth Judicial District; Ben B. Law, Judge of the Ninth District, presiding. Action by E. W. Fusselman against tbe Yellowstone Valley Land & Irrigation Company. From an adverse judgment and an order denying a new trial, plaintiff appeals. As to the attractiveness of the place for children, so as to require the company to exercise reasonable precautions against children of tender years falling into the canal: At the outset, we admit that on this proposition the cases seem to be absolutely in conflict. We believe, however, that the best reasoning…
1Opinion of the CourtJustice Holloway
In 1913 the Yellowstone Yalley Land & Irrigation Company maintained a canal for conveying water from the Yellowstone River for irrigation purposes. The canal passed through a portion of the city of Livingston and along and across many streets and alleys. Permission to run the canal through the city had been obtained, and Ordinance No. 99 had been adopted defining the rights and duties of the company within the city. Among other things, it was required to keep the canal covered wherever it ran in or across a street or alley, but this duty had been neglected, and there was not any covering over…
2Cases cited16 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Montague v. HansonMontana Supreme Court · 1909
- Bottom's v. HawksSupreme Court of Vermont · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Limberhand v. Big Ditch Co.Montana Supreme Court · 1985
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
- Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
36 more not listed; retrieve them via the Exa API.