Helena & Livingston Smelting & Refining Co. v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; Wmi. A. Ciarle, Judge. Action by the Helena & Livingston Smelting & Reduction Company and others against the Northern Pacific Railway Company and another. Judgment for defendants and plaintiffs appeal. The rails were fixtures and were a part of the realty. {Brittannia Min. Co. v. United States Fidelity & G. Co., 43 Mont. 93, 115 Pae. 46; Northern Pac.
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Appeal from District Court, Jefferson County; Wmi. A. Ciarle, Judge. Action by the Helena & Livingston Smelting & Reduction Company and others against the Northern Pacific Railway Company and another. Judgment for defendants and plaintiffs appeal. The rails were fixtures and were a part of the realty. {Brittannia Min. Co. v. United States Fidelity & G. Co., 43 Mont. 93, 115 Pae. 46; Northern Pac. B. B. Co. v. Garland, 5 Mont. 146, 3 Pac. 134; St. Louis & S. F. B. B. Co. v. Beadle, 6 Kan. App. 922, 50 Pac. 988; Pomeroy v. Bell, 118 Cal. 635, 50 Pac. 683; Conde v. Sweeney, 16 Cal. App. 157, 116…
1Opinion of the CourtChief Justice Brantly
The complaint in this ease contains two causes of action. The first seeks recovery of damages for the removal by defendants of certain railroad tracks from mining property belonging to the plaintiffs. The second is for damages for the carrying away by the defendants and converting to their own use the material—rails, fish-plates, etc.—which constituted the tracks. The defendants interposed a separate general demurrer to each of the causes of action, which the court sustained. The plaintiffs refusing to plead further, judgment was entered in favor of the defendants. The appeal is from the…
2Cases cited12 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Oregon Railway & Navigation Co. v. MosierOregon Supreme Court · 1887
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In the Matter of Boston and Maine Corporation, Debtor. Appeal of State of New HampshireCourt of Appeals for the First Circuit · 1979
- Hardie v. PetersonMontana Supreme Court · 1929
- Texas & N. O. R. v. SchoenfeldTexas Supreme Court · 1941
- Talley v. DrumhellerSupreme Court of Virginia · 1925
- St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939
11 more not listed; retrieve them via the Exa API.