Budd v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeals from District Court, Jefferson Comity; Jos. C. Smith, Judge. Action by H. O. Budd and another against the Northern Pacific Railway Company. From a judgment for plaintiffs, and from an order overruling its motion for new trial, defendant appeals. The court erred in refusing to permit the plaintiff Budd and his witness Streff to testify on cross-examination as to the price plaintiffs paid for this heifer. (Jacksonville etc. By.
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Appeals from District Court, Jefferson Comity; Jos. C. Smith, Judge. Action by H. O. Budd and another against the Northern Pacific Railway Company. From a judgment for plaintiffs, and from an order overruling its motion for new trial, defendant appeals. The court erred in refusing to permit the plaintiff Budd and his witness Streff to testify on cross-examination as to the price plaintiffs paid for this heifer. (Jacksonville etc. By. Co. v. Jones, 34 Fla. 286, 15 South. 924.) In Kelsea v. Fletcher, 48 N. H. 282, it was held that the price at which a cow was sold three years later was…
1Opinion of the CourtJustice Reynolds
This action was brought for recovery of damages caused by the alleged wrongful killing of a Holstein heifer. Judgment was rendered in favor of plaintiffs. Appeal was taken from the judgment, and from order overruling motion for a new trial.
The only questions presented upon these appeals are those [1] involving the admissibility of evidence. It appears that the heifer, at the time it was killed, was fourteen months of age, and that plaintiffs purchased the animal when it was'four months old. Testimony was given showing that the animal was high-grade, registered stock, and that its principal…
2Cases cited2 opinions
- State v. BiggsMontana Supreme Court · 1912
- Herzig v. SandbergMontana Supreme Court · 1918
3Cited by4 opinions
- State v. RitzMontana Supreme Court · 1922
- Courtney v. GordonMontana Supreme Court · 1925
- Loncar v. National Union Fire InsuranceMontana Supreme Court · 1929
- Howard v. FraserMontana Supreme Court · 1928