Febes v. Tiernan
Montana Supreme Court
Appeal from the First District, Madison Qounty. Febes, aud others, commenced this action in July, 1870, in the district court, to enjoin Tiernan and another from injuring their water ditch, and recover $2,500 damages for injuring said ditch, and diverting the water therefrom. The jury returned a general verdict for $200 for plaintiffs, and certain special findings.
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Appeal from the First District, Madison Qounty. Febes, aud others, commenced this action in July, 1870, in the district court, to enjoin Tiernan and another from injuring their water ditch, and recover $2,500 damages for injuring said ditch, and diverting the water therefrom. The jury returned a general verdict for $200 for plaintiffs, and certain special findings. The defendants filed a motion in arrest of judgment on the verdict, because the jury did not find the defendants guilty of trespass, or the use of any force in committing any acts against the property of plaintiffs, and the special…
1Opinion of the CourtKnowles, J.
This is an action for damages sustained by appellants, on account of the wrongful entry of respondents upon their water ditch, and the tearing down of its banks, and the destroying of a dam attached thereto, and *181the diverting of its waters. It is in the nature of a common-law action of trespass.
The jury rendered a general verdict for appellants. There wei'e special issues presented to the jury, the second one of which is as follows:
“Did the defendants, or either of them, forcibly injure the ditch or dam in controversy, and divert the waters therefrom, as alleged in the complaint, and if…
2Cited by4 opinions
- Foust v. KinneySupreme Court of Alabama · 1918
- Wilson v. CampbellSupreme Court of Kansas · 1907
- Morse v. BoydeMontana Supreme Court · 1891
- Wells v. DarbyMontana Supreme Court · 1893