Sweeny v. Montana Central Railway Co.
Montana Supreme Court
Appeal from District Court, Cascade County; C. Id. Den-ton, Judge. Action by Patrick Sweeny against the Montana Central Railway Company. There was judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover damages to real estate.
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Appeal from District Court, Cascade County; C. Id. Den-ton, Judge. Action by Patrick Sweeny against the Montana Central Railway Company. There was judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover damages to real estate. The plaintiff in his complaint alleges that in tbe year 1891 he was the owner of a certain mining claim called. the ‘ ‘Nellie L. Quartz Lode,” at Neihart, Meagher county, through which claim Belt creek ran at that time; that on or about the 1st day of November of that year, it is alleged,…
1Opinion of the CourtPemberton, C. J.
There are a great many errors assigned in the record. We will treat those only which counsel for appellant considered sufficiently important and material as to de serve special mention and notice in his oral argument of the case. Counsel for appellant contends that there was no denial in the replication of the settlement and release pleaded in the answer, and that there was, consequently, no issue to submit to the jury, and that the court erred in admitting any evidence in the case, and in submitting the question of damages to the jury. This contention is raised in the record by objection to…
2Cited by7 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Sweeney v. Montana Central Railway Co.Montana Supreme Court · 1901
- Tiggerman v. City of ButteMontana Supreme Court · 1911
- Briscoe Home Trustees v. Ohio River RailroadWest Virginia Supreme Court · 1916
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