Caledonia Insurance v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Custer County; C. H. Loud,. Judge. Action by the Caledonia Insurance Company against the-Northern Pacific Railway Company. From a judgment for plaintiff, defendant appeals. At the common law, interest can never be allowed in an action of tort for unliquidated damages. (Isaacs v. McAndrew, 1 Mont. 454; Randall v. Greenhood,- 3 Mont. 512; Palmer v. Murray, 8 Mont. 185, 19 Pac. 553; Railway Co. v. Conway, 8 Colo. 1, 54 Am.
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Appeal from District Court, Custer County; C. H. Loud,. Judge. Action by the Caledonia Insurance Company against the-Northern Pacific Railway Company. From a judgment for plaintiff, defendant appeals. At the common law, interest can never be allowed in an action of tort for unliquidated damages. (Isaacs v. McAndrew, 1 Mont. 454; Randall v. Greenhood,- 3 Mont. 512; Palmer v. Murray, 8 Mont. 185, 19 Pac. 553; Railway Co. v. Conway, 8 Colo. 1, 54 Am. Eep. 537, 5 Pae. 151; Railway Co. v. Moynahan, 8 Colo. 56, 5 Pac. 811; Kennie v. Railway Co., 63 Mo. 99; Atkinson v. Railway Co., 63 Mo. 367;…
1Opinion of the CourtJustice Holloway
On June 30, 1900, certain buildings belonging to Sarah J. Harn, and situated in Miles City, were destroyed by fire oc- • casioned, it is alleged, by the negligence of the Northern Pacific Eailway Company. The buildings are alleged to have been of the value of $1,068, and were insured by the respondent com*48pany fox $800. After the fire the insurance company paid the amount of the insurance, and then brought this action to recover such amount, Avith interest, from the railway company. A trial was had, which resulted in a verdict in favor of the insurance company for $800, and for $213.33…
2Cases cited2 opinions
- Everett v. Central Iowa R'y Co.Supreme Court of Iowa · 1887
- Chicago & Alton Railroad v. GlennyIllinois Supreme Court · 1898
3Cited by23 opinions
- Home Insurance Company v. Pinski Brothers, Inc.Montana Supreme Court · 1972
- Youngblood v. American States InsuranceMontana Supreme Court · 1993
- Daly v. Swift & Co.Montana Supreme Court · 1931
- State ex rel. Peel v. District CourtMontana Supreme Court · 1921
- Fegles Const. Co., Limited v. McLaughlin Const. CoCourt of Appeals for the Ninth Circuit · 1953
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