Hollenback v. Dingwell
Montana Supreme Court
Appeal from Thvrd Judicial District, Deer Lodge County. Action for damages. Plaintiff had judgment below. Defendants’ motion for a new trial was denied by Woody, J. In February, 1877, a law was passed by the legislature of the territory of Montana, covering generally the subjects of dams and reservoirs, providing for an examination into their sufficiency, trial by jury, without cost or expense to the complainant, in cases where his complaint was sustained, and with ample…
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Appeal from Thvrd Judicial District, Deer Lodge County. Action for damages. Plaintiff had judgment below. Defendants’ motion for a new trial was denied by Woody, J. In February, 1877, a law was passed by the legislature of the territory of Montana, covering generally the subjects of dams and reservoirs, providing for an examination into their sufficiency, trial by jury, without cost or expense to the complainant, in cases where his complaint was sustained, and with ample provisions for the abatement of the nuisance, etc. (Page 912 to 916, Rev. Stats, of Montana.) The foregoing statute would…
1Opinion of the CourtHunt, J.
The plaintiff, a ranchman living on Griff creek, sues the defendants for negligently constructing and maintaining a dam used to store quantities of water at the outlet of Griff Lake, about 4£ miles above plaintiff’s ranch. In June, 1892, the dam broke away, and the body of water behind it ran down upon plaintiff’s farm, washing away the soil, destroying the buildings, tearing up his fences and crops, and *337generally doing him great damage. The jury awarded the plaintiff damages in the sum of $1,200. The defendants moved for a new trial, and appeal from the order denying said motion.
The…
2Cases cited3 opinions
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- Commonwealth v. KidderMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
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- North Bend Lumber Co. v. City of SeattleWashington Supreme Court · 1921
- State v. JettyMontana Supreme Court · 1978
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