Butte Machinery Co. v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Butte Machinery Company against the City of Butte. Defendant had judgment, and the district court ordered a new trial. Defendant appealed.
1Opinion of the CourtJustice Holloway
This action was brought to recover damages claimed to have been suffered by plaintiff as the result of alleged negligence on the part of the city of Butte. The trial of the cause resulted in a verdict and judgment in favor of the defendant city. The trial court granted plaintiff a new trial, and defendant appealed from the order.
The complaint alleges that the city was negligent in caring for a certain public sewer; that the sewer-pipe became decayed; that the city was given notice of the defect, but failed to make repairs; that the sewer-pipe finally gave way, and the sewage flowed out. over…
2Cases cited2 opinions
- Tonn v. City of HelenaMontana Supreme Court · 1910
- Nichols v. City of MinneapolisSupreme Court of Minnesota · 1883
3Cited by8 opinions
- Campbell v. City of HelenaMontana Supreme Court · 1932
- Kelly v. City of ButteMontana Supreme Court · 1911
- State Ex Rel. Department of Highways v. PinsonNevada Supreme Court · 1948
- Craig v. HarrahNevada Supreme Court · 1948
- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1931
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