Legal Opinion
Wippert v. Burlington Northern Inc.
District Court, D. Montana
Decided July 14, 1975No. CV 74-12-GFPublished
1Opinion of the Court
OPINION AND ORDER
RUSSELL E. SMITH, Chief Judge.
This is an action in which plaintiff seeks actual and exemplary damages stemming from an alleged trespass on plaintiff’s real property.
The plaintiff Henrietta Wippert is the beneficial owner of about 75 acres of land located on the Blackfeet Indian Reservation in Montana by virtue of a deed which conveyed the land to the United States in trust for her. The land was subject to an easement in favor of the defendant. On January 2, 1972, and again on December 26, 1972, defendant’s train derailed, and railroad cars entered the plaintiff’s land. The…
2Cases cited16 opinions
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Williams v. LeeSupreme Court of the United States · 1959
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Kennerly v. District Court of the Ninth Judicial District of MontanaSupreme Court of the United States · 1971
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