Frederick v. Hale
Montana Supreme Court
Appeal from District Court, Jefferson County; J. B. Poindexter, Judge. Action by Jacob Frederick against It. S. Hale. From a judgment for plaintiff and from an order denying Mm a new trial, defendant appeals. There was a fatal variance between the pleadings and proof. (See Geer v. County Board, 97 Fed. 435, 38 C. 0. A. 250; Batteree v. Bailway Co., 36 Tes. Civ. App. 197, 81 S. W. 566; Williams v. Bailway Co., 34 Tex. Civ. App. 145, 78 S. W. 45; Lake St. By.
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Appeal from District Court, Jefferson County; J. B. Poindexter, Judge. Action by Jacob Frederick against It. S. Hale. From a judgment for plaintiff and from an order denying Mm a new trial, defendant appeals. There was a fatal variance between the pleadings and proof. (See Geer v. County Board, 97 Fed. 435, 38 C. 0. A. 250; Batteree v. Bailway Co., 36 Tes. Civ. App. 197, 81 S. W. 566; Williams v. Bailway Co., 34 Tex. Civ. App. 145, 78 S. W. 45; Lake St. By. Co. v. Collins, 118 111. App. 270; Western By. Co. V. McPherson, 146 Ala. 427, 40 South. 934.) Where a complaint alleges in the…
1Opinion of the CourtJustice Holloway
The plaintiff recovered judgment in the district court, and the defendant has appealed from that judgment and from an order denying him a new trial. The action is one for damages for the destruction of property belonging to plaintiff. The complaint proceeds upon the theory that defendant was negligent in the maintenance and use of a certain reservoir; that by reason of such negligence the dam of the reservoir gave way releasing a large body of water which overflowed plaintiff’s property, causing the damage for which compensation is sought.
Many years ago the defendant constructed two…
2Cases cited28 opinions
- Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- State v. VanellaMontana Supreme Court · 1910
- Paxton v. WoodwardMontana Supreme Court · 1904
- Martin v. CorscaddenMontana Supreme Court · 1906
23 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. SouhradaMontana Supreme Court · 1949
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Bohrer v. ClarkMontana Supreme Court · 1978
- Cohen v. ClarkMontana Supreme Court · 1911
- Pritchard Petroleum Co. v. Farmers Co-Op. Oil & Supply Co.Montana Supreme Court · 1948
37 more not listed; retrieve them via the Exa API.