Murray v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; George M. Bourguin, Judge. Action by Thomas J. Murray against the city of Butte.' Judgment for plaintiff. Defendant appeals. Statement of the Case, by the Justice Delivering the Opinion. This action was commenced in the district court of Silver Bow county by Dr. T. J. Murray to recover damages from the city of Butte. The complaint attempts to state two causes of action.
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Appeal from District Court, Silver Bow County; George M. Bourguin, Judge. Action by Thomas J. Murray against the city of Butte.' Judgment for plaintiff. Defendant appeals. Statement of the Case, by the Justice Delivering the Opinion. This action was commenced in the district court of Silver Bow county by Dr. T. J. Murray to recover damages from the city of Butte. The complaint attempts to state two causes of action. In the first it is alleged that the plaintff is the owner of lot 12, block 11, original townsite of Butte; that the city, without right, has constructed and maintained a storm…
1Opinion of the CourtJustice Holloway
1. It is urged that the complaint does not state any cause of ■ action. For convenience of reference only, the causes of action will be referred to as counts in the complaint. Does the complaint in the first count state a cause of action?
While in the second count plaintiff seeks to recover damages suffered by reason of the maintenance of a nuisance by the city, the complaint in the first count must be sustained, if at all, upon the theory that plaintiff sustained damages by reason of the maintenance by the city of the same nuisance; and, since he was compelled to abate it, he may recover, as…
2Cases cited6 opinions
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1872
- McKay v. McDougalMontana Supreme Court · 1897
- Hamilton v. NelsonMontana Supreme Court · 1899
- Campbell v. City of Great FallsMontana Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Knight v. City of MissoulaMontana Supreme Court · 1992
- Walton v. City of BozemanMontana Supreme Court · 1978
- Sheridan Oil Co. v. WallSupreme Court of Oklahoma · 1940
11 more not listed; retrieve them via the Exa API.