Clark v. Oregon Short Line R. R.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. M. Clements, Judge, presiding. Action by William D. Clark against the Oregon Short Line Eailroad Company for interfering with a ditch and water right. From a judgment for defendant, plaintiff appeals. Citing: Savage v. Phoenix Co., 12 Mont. 458, 33 Am. St. Eep. 591, 3Í Pac. 66; Nelson v. First Nat. Bank, 139 Ala. 578, 101 Am. St. Eep. 52, 36 South. 709; Union Ry. Co. v. Wyler, 158 U. S. 296, 39 Pac. 983, 15 Sup.
Read the full summary
Appeal from District Court, Silver Bow County; J. M. Clements, Judge, presiding. Action by William D. Clark against the Oregon Short Line Eailroad Company for interfering with a ditch and water right. From a judgment for defendant, plaintiff appeals. Citing: Savage v. Phoenix Co., 12 Mont. 458, 33 Am. St. Eep. 591, 3Í Pac. 66; Nelson v. First Nat. Bank, 139 Ala. 578, 101 Am. St. Eep. 52, 36 South. 709; Union Ry. Co. v. Wyler, 158 U. S. 296, 39 Pac. 983, 15 Sup. Ct. 877; Tucker v. Virginia City, 4 Nev. 20; Ilucklebridge v. Atchison T. & S. F. Co., 66 Kan. 443, 71 Pac. 814; Woody v. Hinds, 30…
1Opinion of the CourtJustice Smith
The original complaint in this case was filed in the district court of Silver Bow county on July 30, 1901. A judgment, thereafter rendered in favor of the plaintiff on the pleadings, was reversed by this court. (See 29 Mont. 317, 74 Pac. 734.) General and special demurrers were filed to the original complaint, but the record does not disclose that the court ever passed upon the same, and afterward the defendant filed an answer in which it denied each and every allegation of the complaint. On February 2, 1907, the plaintiff filed his amended complaint, and the court afterward sustained a…
2Cases cited27 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902
- Missouri, Kansas & Texas Railway Co. v. McFadden Bros.Texas Supreme Court · 1896
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Brilz v. Metropolitan General InsuranceMontana Supreme Court · 2012
- Enid Allen v. Greyhound Lines, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1981
- Muir v. City of PocatelloIdaho Supreme Court · 1922
- Montana Auto Finance Corp. v. British & Federal Fire UnderwritersMontana Supreme Court · 1924
- Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911
13 more not listed; retrieve them via the Exa API.