Harrington v. Butte & Boston Mining Co.
Montana Supreme Court
Appeal 'from, District Court, Silver' Bow County. J. J. Mcllatton, Judge. Action by Phil J. Harrington against the Butte & Boston Mining Company, John A. Leggat, and others. There was judgment on a verdict for plaintiff. A motion for a new trial was denied, and defendants appeal. Statement of the case by the justice delivering the opinion.
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Appeal 'from, District Court, Silver' Bow County. J. J. Mcllatton, Judge. Action by Phil J. Harrington against the Butte & Boston Mining Company, John A. Leggat, and others. There was judgment on a verdict for plaintiff. A motion for a new trial was denied, and defendants appeal. Statement of the case by the justice delivering the opinion. The general nature of this controversy is stated in the first instruction of the trial court, which reads as follows: “The plaintiff in this cause sues the defendants upon a check given by the defendant Butte & Boston Mining Company, payable to John A.…
1Opinion of the CourtBuck, J.
It appears from the record that there were many suspicious contradictions and evasions in the evidence given by-Harrington, the plaintiff, and Wearth and Donavan, who were his main witnesses. These it is needless to enumerate. But, regarding Harrington’s explanation of his participation in this transaction in the most favorable light to himself, we should not hesitate to set aside the verdict on the evidence, were it not for the rule that, where there is a conflict in the evidence on the trial, an appellate court should not trench upon the province of the lower court and its jury.
By a mere…
2Cases cited4 opinions
- Neil v. . ThornNew York Court of Appeals · 1882
- Thornton v. HookCalifornia Supreme Court · 1868
- Rossiter v. LoeberMontana Supreme Court · 1896
- Thamling v. DuffeyMontana Supreme Court · 1894
3Cited by9 opinions
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Leggat v. PalmerMontana Supreme Court · 1909
- Gallick v. BordeauxMontana Supreme Court · 1904
- State v. DotsonMontana Supreme Court · 1902
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