Sweeney v. Montana Central Railway Co.
Montana Supreme Court
Appeal from, District Court, Cascade County; J. B. Leslie, Judge. Action by Patrick Sweeney against tbe Montana Central . Railway Company. From a judgment for plaintiff and from an order denying a new trial defendant appeals. Statement ox tiie Case. This cause is on appeal from tbe order of tbe district court denying a motion for a new trial and from the judgment for plaintiff. Tbe action is for damages resulting from trespass.
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Appeal from, District Court, Cascade County; J. B. Leslie, Judge. Action by Patrick Sweeney against tbe Montana Central . Railway Company. From a judgment for plaintiff and from an order denying a new trial defendant appeals. Statement ox tiie Case. This cause is on appeal from tbe order of tbe district court denying a motion for a new trial and from the judgment for plaintiff. Tbe action is for damages resulting from trespass. Plaintiff, in, 1891, was tbe owner, by virtue of a mineral location, of a tract of land called tbe “Nellie L. Claim,” at Neibart, Cascade county. In that year tbe…
1Opinion of the CourtJustice Milburn
The appellant makes twenty-one assignments of error. We shall consider only those depended upon in the argument of .appellant’s counsel.
During the trial, at the close of the testimony for the plaintiff, the defendant moved the court “that the action be dismissed on the ground that by the sale and conveyance to the defendant of the 40-foot strip of ground for a right of way across the Nellie L. lode claim, shown by the evidence hr have been sold and conveyed, the plaintiff is estopped from making any claim for damages done, if any were sustained, by the *548change in the course of the stream, and…
2Cases cited15 opinions
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- French v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1887
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- Putnam Tool Co. v. Fitchburg Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1887
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- Bingham v. National BankMontana Supreme Court · 1937
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