Carron v. Wood
Montana Supreme Court
Appeal from, Fourth Judicial District, Missoula County. The cause was tried before Marshall, J. The plaintiff lad judgment below. In plaintiff’s attempt to allege special damages he has not set out how much, or to what extent he has been damaged as to his crop, grass, or fruit trees, and in order to recover or let in proof as to the same, it is necessary that such facts should 'be alleged.
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Appeal from, Fourth Judicial District, Missoula County. The cause was tried before Marshall, J. The plaintiff lad judgment below. In plaintiff’s attempt to allege special damages he has not set out how much, or to what extent he has been damaged as to his crop, grass, or fruit trees, and in order to recover or let in proof as to the same, it is necessary that such facts should 'be alleged. (Potter v. Froment, 47 Cal. 165; Dabovich v. Fmeric, 12 Cal. 178; Cole v. Swanston, 1 Cal. 51; 52 Am. Dec. 288; 1 Chitty on Pleading, 428 b; Sedgwick on the Measure of Damages, 67, 575; 1 Sutherland on…
1Opinion of the CourtHarwood, J.
The appeal herein is from an order overruling defendants’ motion for a new trial.
The cause of action alleged by plaintiff is to the effect that defendants, during the year 1889, wrongfully diverted and deprived plaintiff of the use of 550 inches of the waters of Burnt Fork Creek, claimed by plaintiff by virtue of prior appropriation and use, for the purpose of irrigating plaintiff’s tract of 320 acres of land situate in Missoula County.
The relief demanded by plaintiff is: (1) The recovery of $2,000 damage alleged, to have been sustained by reason of such wrongful and continued diversion of…
2Cases cited6 opinions
- Lincoln v. RodgersMontana Supreme Court · 1870
- Ming v. TruettMontana Supreme Court · 1871
- Toombs v. HornbuckleMontana Supreme Court · 1871
- Ramsey v. Cortland Cattle Co.Montana Supreme Court · 1887
- Territory of Montana v. ReussMontana Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Creek v. McManusMontana Supreme Court · 1893
- Agrilease, Inc. v. GrayMontana Supreme Court · 1977
- Candler v. Washoe Lake Reservoir & Galena Creek Ditch Co.Nevada Supreme Court · 1905
- Quigley v. BirdseyeMontana Supreme Court · 1892
- Raas v. SharpMontana Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.