Chessman v. Hale
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; Henry C. Smith, Judge. Action by William A. Chessman against Robert S. Hale for damages to plaintiff’s land caused by defendant discharging mining tailings and debris upon said land, and for an injunction. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Any right or privilege conferred by statute ór even by Constitution may be waived, save in matters involving the public interest.
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Appeal from District Court, Lewis and Clarice County; Henry C. Smith, Judge. Action by William A. Chessman against Robert S. Hale for damages to plaintiff’s land caused by defendant discharging mining tailings and debris upon said land, and for an injunction. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Any right or privilege conferred by statute ór even by Constitution may be waived, save in matters involving the public interest. (28 Ency. Law, 1st Ed., 535; Mehlin v. Ice, 56 Fed. 12-20; Beecher v. Marq. R. M. Co., 45 Mich. 108; Shutte v. Thompson,…
1Opinion of the Court
MP. COMMISSIONER POOPMAN
prepared the opinion for the court.
This is an appeal from a judgment, and from an order overruling plaintiff’s motion for a new trial. The complaint al*582leges that plaintiff is the owner, in possession of, and using certain lands, water ditches and flumes, and that he has a right to the use of certain waters conducted to his land through said ditches and flumes; that defendant, for several months prior to the commencement of the action, in conducting placer mining operations, and in making excavations above the head of plaintiff’s ditch, willfully, wrongfully and…
2Cases cited29 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Kennon v. GilmerSupreme Court of the United States · 1889
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Basey v. GallagherSupreme Court of the United States · 1875
- Hodges v. EastonSupreme Court of the United States · 1882
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3Cited by34 opinions
- Shea v. North-Butte Mining Co.Montana Supreme Court · 1919
- Ferguson v. StandleyMontana Supreme Court · 1931
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Smith v. DuffMontana Supreme Court · 1909
- Nelson v. C & C PLYWOOD CORP.Montana Supreme Court · 1970
29 more not listed; retrieve them via the Exa API.