Legal Opinion

Herdegen v. Oxarart

Montana Supreme Court

Decided February 14, 1963No. 10398PublishedCited by 3 opinions

1Opinion of the Court 1

HONORABLE L. C. GULBRANDSON, District Judge,

sitting in place of

2Opinion of the Court · DoyleJustice Doyle

This is an appeal from a judgment for defendants in the district court of the seventeenth judicial district in and for the County of Phillips. The action arose out of the flooding of plaintiffs’ land in Phillips County in the Spring of 1959, due to a sudden run-off of surface waters. The action was brought by appellants, hereinafter referred to as plaintiffs, to recover $5,000 damages for injuries to alfalfa plants, $15,-000 for injury to the land, $1,000 for erosion of dikes, and $21,000 exemplary damages.

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3Cases cited5 opinions

  1. McLain v. Pensacola Coach CorporationSupreme Court of Florida · 1943
  2. Davis v. TroboughMontana Supreme Court · 1961
  3. Seibel v. ByersMontana Supreme Court · 1959
  4. Smith v. ArmstrongMontana Supreme Court · 1946
  5. Galiger v. HansenMontana Supreme Court · 1957

4Cited by3 opinions

  1. Wells v. SmithWest Virginia Supreme Court · 1982
  2. Penn v. Burlington Northern, Inc.Montana Supreme Court · 1980
  3. State Ex Rel. Department of Highways v. HelehanMontana Supreme Court · 1977

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