Montgomery v. Somers
Oregon Supreme Court
From Wallowa: Bobbrt Eakin, Judge. Action by William Montgomery against E. P. Somers for trespass. From a judgment in favor of plaintiff, defendant appeals. Statement by Mr. Commissioner Slater. On February 2, 1906, plaintiff and his lessor settled upon, and entered as homesteads, under the laws of the United States, adjoining tracts of land lying in the eastern part of Wallowa County, in a deep and precipitous canyon on the Ininaha River.
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From Wallowa: Bobbrt Eakin, Judge. Action by William Montgomery against E. P. Somers for trespass. From a judgment in favor of plaintiff, defendant appeals. Statement by Mr. Commissioner Slater. On February 2, 1906, plaintiff and his lessor settled upon, and entered as homesteads, under the laws of the United States, adjoining tracts of land lying in the eastern part of Wallowa County, in a deep and precipitous canyon on the Ininaha River. From the year 1896, and prior to plaintiff’s entry and settlement, stockmen and the public generally had been traveling up and down this canyon driving…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. It is unquestionably the settled law of this State that in actions of this character, while a witness may state the facts upon which the damage is predicated, he cannot give his opinion as to the amount of the damages resulting from a given act, because it is the exclusive provinces of the jury to ascertain from the facts given in evidence the amount of damages, under the rules of law given to them by the court: Burton v. Severance, 22 Or. 91 (29 Pac. 200); Chan Sing v. Portland, 37 Or. 68 (60 Pac. 718); United States v. McCann, 40 Or. 13 (66 Pac. 274);…
2Cases cited12 opinions
- Smith v. MitchellWashington Supreme Court · 1899
- McRose v. BottyerCalifornia Supreme Court · 1889
- Barter v. County of PimaArizona Supreme Court · 1886
- Wallowa County v. WadeOregon Supreme Court · 1903
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
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3Cited by30 opinions
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- Hamerly v. DentonAlaska Supreme Court · 1961
- Lindsay Land & Live Stock Co. v. ChurnosUtah Supreme Court · 1929
- Sprague v. SteadSupreme Court of Colorado · 1914
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
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