Great Northern Ry. Co. v. Benjamin
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by the Great Northern Railway Company against Orzella D. Benjamin and others. From a judgment for plaintiff and an order denying him a new trial, defendant John O. Gilkerson appeals. The matter of quotient verdict was carefully and thoroughly considered by the supreme court of this state in the case of Gordon v. Trevarthan, 13 Mont. 387, 40 Am.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by the Great Northern Railway Company against Orzella D. Benjamin and others. From a judgment for plaintiff and an order denying him a new trial, defendant John O. Gilkerson appeals. The matter of quotient verdict was carefully and thoroughly considered by the supreme court of this state in the case of Gordon v. Trevarthan, 13 Mont. 387, 40 Am. St. Rep. 452, 34 Pac. 185. The thoroughness with which this subject has been handled in this case is commented upon and the case is cited with approval in Hayne on New Trial,…
1Opinion of the CourtJustice Holloway
This action was instituted by the Great Northern Railway Company to condemn certain lands for public use. Defendant Gilkerson, being dissatisfied with the commissioners’ award, appealed to the district court, where the trial of the cause resulted in a verdict and judgment fixing the amount of his damages. From that judgment and from an order denying his motion for a new trial, these appeals are prosecuted.
*171Appellant is not entitled to have his bill of exceptions considered as a matter of right. Amendments to the proposed bill [1] were presented and some of them allowed, but the bill as amended…
2Cases cited1 opinion
- Gordon v. TrevarthanMontana Supreme Court · 1893
3Cited by21 opinions
- Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
- Bracy v. Great Northern Railway Co.Montana Supreme Court · 1959
- Haynes v. County of MissoulaMontana Supreme Court · 1973
- Whiting v. StateMontana Supreme Court · 1991
- Wieri v. Anaconda Copper Mining Co.Montana Supreme Court · 1945
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