Le Munyon v. Gallatin Valley Railway Co.
Montana Supreme Court
Appeals from District Court, Gallatin County; B. B. Law, Judge. Action by Riley Le Munyon against tbe Gallatin Valley Railway Company. Judgment for plaintiff, and defendant appeals from the judgment and from tbe order denying its motion for a new trial. There is no responsibility for obstruction of tbe flow of surface waters.
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Appeals from District Court, Gallatin County; B. B. Law, Judge. Action by Riley Le Munyon against tbe Gallatin Valley Railway Company. Judgment for plaintiff, and defendant appeals from the judgment and from tbe order denying its motion for a new trial. There is no responsibility for obstruction of tbe flow of surface waters. (40 Cyc. 463; Jordan v. St. Paid, M. & M., 42 Minn. 172, 6 L. R. A. 573, 43 N. W. 849; Baltimore & O. B. Co. v. Baugh, 149 U. S. 368, 37 L. Ed. 772, 13 Sup. Ct. Rep. 1914 [see, also, Rose’s U. S. Notes]; Kansas City & IS. B. Co. v. Biley, 33 Kan. 374, 6 Pac. 581;…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the court.
The defendant owns, operates and maintains a railway line from Three Forks to Bozeman, Montana, through the town of *522Manhattan. The plaintiff owns 18.46 acres of land situated near Manhattan and a short distance south and west of defendant’s railroad. The complaint alleges that “across said piece of land are certain natural watercourses which drain the land belonging to this plaintiff, and other lands surrounding the land of said plaintiff,” and further alleges that these natural watercourses drain across the right of way of this…
2Cases cited3 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Fordham v. Northern Pacific Railway Co.Montana Supreme Court · 1904
- Campbell v. FlanneryMontana Supreme Court · 1903
3Cited by15 opinions
- Formicove, Inc. v. Burlington Northern, Inc.Montana Supreme Court · 1983
- Roope v. Anaconda Co.Montana Supreme Court · 1972
- State Ex Rel. Wilson v. Department of Natural Resources & Conservation of Montana, Water Resources DivisionMontana Supreme Court · 1982
- Popham v. HolloronMontana Supreme Court · 1929
- State v. HiberWyoming Supreme Court · 1935
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