Price v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court, Broadwater County; John A. Matthews, Judge. Action by B. C. Price against the Northern Pacific Bail-way Company. Judgment for defendant. From an order granting a new trial, defendant appeals. Plaintiff’s notice, served on defendant almost a year after the verdict was rendered and the notice of intention to move for a new trial was made, states that it will be heard upon the records and files in said action.
Read the full summary
Appeal from District Court, Broadwater County; John A. Matthews, Judge. Action by B. C. Price against the Northern Pacific Bail-way Company. Judgment for defendant. From an order granting a new trial, defendant appeals. Plaintiff’s notice, served on defendant almost a year after the verdict was rendered and the notice of intention to move for a new trial was made, states that it will be heard upon the records and files in said action. No bill of exceptions had been settled and filed, so as to become a record in said action, and just what documents could be considered by the court under the…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the court.
This is an action for damages to plaintiff’s land and certain personal property, caused, as charged by the plaintiff, by negligence of the defendant in constructing and maintaining an obstruction which diverted the flood waters of the Missouri River upon the plaintiff’s land. Issue was joined and trial had to a jury, which returned its verdict in favor of defendant. Judgment upon the verdict was made and entered November 30, 1917. On December 8, 1917, plaintiff served and filed his notice of intention to move for a new trial upon the…
2Cases cited10 opinions
- Jones v. ShannonMontana Supreme Court · 1918
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
- Galbraith v. LoweCalifornia Supreme Court · 1904
- Mullen v. City of ButteMontana Supreme Court · 1908
- Ettien v. DrumMontana Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Parsons v. RiceMontana Supreme Court · 1928