Morris v. McCarthy

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This appeal results from the dismissal of plaintiff’s complaint by the district court of the fourth judicial district, county of Sanders.

Plaintiff, Arnold B. Morris, filed a complaint seeking damages against defendants alleging they disabled a D-7 Cat owned by plaintiff by draining all of its fuel and thus preventing the removal of the D-7 Cat from a mountainside before the radiator froze causing the engine to be ruined.

Plaintiff’s complaint was filed twelve days after a jury verdict in a case wherein the same issues were raised.…