Fordham v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Missoula County; Henry C. Smith, Judge. Action by Julia Fordbam against tbe Northern Pacific Railway Company. Judgment for defendant. Plaintiff appeals. Statement of the Case. This action was brought hy the plaintiff (appellant here) to recover damages alleged to have been caused by the wrongful act of the defendant railway company. The plaintiff owns certain lands situated along the south bank of the Bitter Root river.
Read the full summary
Appeal from District Court, Missoula County; Henry C. Smith, Judge. Action by Julia Fordbam against tbe Northern Pacific Railway Company. Judgment for defendant. Plaintiff appeals. Statement of the Case. This action was brought hy the plaintiff (appellant here) to recover damages alleged to have been caused by the wrongful act of the defendant railway company. The plaintiff owns certain lands situated along the south bank of the Bitter Root river. A portion of these lands are lowlands, and comprise the bottom land of the river at that point. The defendant railway company owns a right of way…
1Opinion of the CourtJustice Holloway
It is conceded that the railway company constructed the fill in 189.7 on its own land. It is alleged in the answer that this new fill was necessary to avoid “dangerous and difficult curves and grades and to avoid annoyance to public travel,” and this is not denied.
Respondent railway company contends that the bill of exceptions was not served in the manner provided by law; but this obejction is waived by the respondent presenting amendments to the proposed bill of exceptions. The purpose of the statute (Section 1831, Code of Civil Procedure) is to insure that the person upon whom service is…
2Cases cited18 opinions
- Taylor v. FickasIndiana Supreme Court · 1878
- Cass v. DicksWashington Supreme Court · 1896
- McDaniel v. CummingsCalifornia Supreme Court · 1890
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Formicove, Inc. v. Burlington Northern, Inc.Montana Supreme Court · 1983
- Broadway Manufacturing Co. v. Leavenworth Terminal Railway & Bridge Co.Supreme Court of Kansas · 1910
- Popham v. HolloronMontana Supreme Court · 1929
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- Evansville, Mount Carmel & Northern Railway Co. v. ScottIndiana Court of Appeals · 1916
13 more not listed; retrieve them via the Exa API.