Butte Electric Railway Co. v. Mathews
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Proceedings for the condemnation of property by the Bntte Electric Railway Company against H. K. Mathews and others. From a judgment in favor of defendant^, and an order denying it a new trial, plaintiff appeals. The allowance of interest by the court was erroneous.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Proceedings for the condemnation of property by the Bntte Electric Railway Company against H. K. Mathews and others. From a judgment in favor of defendant^, and an order denying it a new trial, plaintiff appeals. The allowance of interest by the court was erroneous. If the jury disobeyed the instruction of the court as given, it was the duty of the court, upon proper application for a new trial, to have set aside the verdict as against law. So long, however, as the verdict was permitted to stand, no judgment could be…
1Opinion of the CourtChief Justice Brantly
This action was brought by the plaintiff corporation, which owns and operates a street railway in the city of Butte, to condemn a strip of land across the Eveline quartz lode mining claim for right of way purposes. The strip is 60 feet in width by 301.7 feet in length on one side, and 298.3 on the other. The action was commenced and summons issued on June 6, 1901. Prior to that date and on October 15, 1900, the plaintiff, by consent of the owners of an undivided two-thirds interest in the claim, had entered into possession of the right of way strip, and having constructed its road, was in…
2Cases cited2 opinions
- Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1895
- Frohner v. RodgersMontana Supreme Court · 1874
3Cited by10 opinions
- Mississippi State Highway Commission v. TreasMississippi Supreme Court · 1945
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- South Carolina State Highway Department v. MillerSupreme Court of South Carolina · 1960
- National Surety Corp. v. KruseMontana Supreme Court · 1948
- W. T. Rawleigh Co. v. HannonAlabama Court of Appeals · 1945
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