Longtin v. Persell
Montana Supreme Court
Appeal from District Court, Lewis and Clarke CountyJ. M. Clements, Judge. <■ Action by Joseph Longtin against Thomas B. Persell and another. Prom a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Statement’ oe the Case. This action was commenced by Joseph Longtin, plaintiff, against Thomas B. Persell and W. E. Persell, copartners doing business as the Persell Limestone Company.
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Appeal from District Court, Lewis and Clarke CountyJ. M. Clements, Judge. <■ Action by Joseph Longtin against Thomas B. Persell and another. Prom a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Statement’ oe the Case. This action was commenced by Joseph Longtin, plaintiff, against Thomas B. Persell and W. E. Persell, copartners doing business as the Persell Limestone Company. The plaintiff owns, is possessed of, has his residence and lives on, lot 13, block 553, original townsite of Helena. The defendants own and are operating a limestone quarry on portions…
1Opinion of the CourtJustice Holloway
Numerous errors are assigned, hut it is conceded that they all raise but one question. Appellants- contend that they are not liable .for damages caused to respondent’s premises- 'by reason of the vibrations of the earth or concussions- of the air resulting from the blasting done by them, where no negligence is alleged or proved, and, in support of this contention, rely upon the decisions in the following cases: Benner v. Atlantic Dredge Co., 134 N. Y. 156, 31 N. E. 328, 17 L. R. A. 220, 30 Am. St. Rep. 649; Booth v. Rome, etc. Railroad Co., 140 N. Y. 267, 35 N. E. 592, 24 L. R. A. 105, 37 Am.…
2Cases cited9 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Colton v. OnderdonkCalifornia Supreme Court · 1886
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3Cited by21 opinions
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Pope v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1953
- Green v. Ensign-Bickford Co.Connecticut Appellate Court · 1991
- Bedell Et Ux. v. GoulterOregon Supreme Court · 1953
- Patrick v. SmithWashington Supreme Court · 1913
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