Custer v. Missoula Public Service Co.

The question in this case is the sufficiency of plaintiff’s' complaint. The court sustained a general and special demurrer thereto, upon which it entered judgment in favor of defendant, and plaintiff appealed.

The following allegations, in substance, appear in the complaint: Plaintiff is the owner of the Bandmann Ranch, which is described by legal subdivisions. A portion of the ranch was sold by Daniel E. Bandmann, a predecessor in interest of plaintiff, to A. H. Wetliey, a predecessor in interest of defendant, upon which a dam (across the Missoula or Hell Gate River), called the Clark dam,…