Butte Miners' Union v. City of Butte
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by the Butte Miners’ Union against the City of Butte.' From a judgment for defendant and from an order denying it a new trial, plaintiff appeals. The states of New York and Pennsylvania have sections founded on the same principle as our section 3485. The court of appeals of New York in the ease of Darlington v. Mayor etc. of City of New York, 31 N. Y. 164, 88 Am.
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Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by the Butte Miners’ Union against the City of Butte.' From a judgment for defendant and from an order denying it a new trial, plaintiff appeals. The states of New York and Pennsylvania have sections founded on the same principle as our section 3485. The court of appeals of New York in the ease of Darlington v. Mayor etc. of City of New York, 31 N. Y. 164, 88 Am. Dec. 248, has given a very concise statement of the reasons for the enactment .of such a statute. It shows the necessity of the state making cities and towns…
1Opinion of the CourtJustice Cooper
This action was commenced in Silver Bow county to recover damages sustained for injuries to property on two different occasions at the hands of mobs assembled in the city of Butte. It is not disputed that the ownership of the building known as Miners’ Union Hall, and the personal property contained therein at the time of the injuries; was in the plaintiff corporation; nor that the removal and destruction of it were accomplished by mobs within the city limits.
The complaint consists of two causes of action. The first alleges, in substance, the assembling of a mob on June 13, 1914, the attack…
2Cases cited3 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- City of Chicago v. SturgesSupreme Court of the United States · 1912
- Williams v. City of New OrleansSupreme Court of Louisiana · 1871
3Cited by10 opinions
- Annala v. McLeodMontana Supreme Court · 1949
- A & B AUTO STORES v. City of NewarkNew Jersey Superior Court Appellate Division · 1968
- Northern Assurance Co. v. City of MilwaukeeWisconsin Supreme Court · 1938
- Sweeney v. City of ButteMontana Supreme Court · 1922
- State v. NickersonMontana Supreme Court · 1952
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