Legal Opinion

Flannery v. Campbell

Montana Supreme Court

Decided March 29, 1904No. 1,817PublishedCited by 4 opinions

Appeal from District Court, Gallatin County; W. L. Holloway, Judge. Action by Ida B. Flannery against N. S. Campbell. From a judgment in favor of plaintiff, and from an order overruling a motion for a new trial, defendant appeals.

1Opinion of the Court

MR. COMMISSIONER CLAYBERG

prepared tbe following opinion for the court:

Appeal from judgment and order overruling motion for a new trial. The action was instituted by respondent, Ida B. *174Flannery (plaintiff), against appellant, N. S'. Campbell (defendant), to recover damages to crops caused by the alleged deprivation by defendant of the use of water for irrigating purposes on plaintiff’s crops during the irrigation season of 1898. The only two errors alleged are: (1) That the court gave inconsistent and contradictory instructions. (2) That the evidence wholly fails to sustain the verdict.

1.…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
  2. Johnson v. State BankSupreme Court of Kansas · 1898
  3. Union Casualty & Surety Co. v. BraggSupreme Court of Kansas · 1901
  4. Merrill v. SuingNebraska Supreme Court · 1902

3Cited by4 opinions

  1. Federal Surety Co. v. Basin Construction Co.Montana Supreme Court · 1931
  2. McCarthy v. Employers' Fire InsuranceMontana Supreme Court · 1934
  3. State Ex Rel. Barron v. District Court of Thirteenth Judicial District Ex Rel. Stillwater CountyMontana Supreme Court · 1946
  4. Thal v. Schreibman, Pennsylvania Court of Common Pleas, Philadelphia County1933

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