Lewis v. Patton
Montana Supreme Court
Appeal from District Court, Beaverhead County; J. B. Poindexter, Judge. Action by O. H. Lewis against Margaret Patton and others. From an order denying a temporary injunction, plaintiff appeals. There are two important limitations upon the rule declared in Great Falls W. W. Co. v. Great Northern By. Co., 21 Mont. 487, 54 Pac. 963, since affirmed in Prentice v. McKay, 38 Mont. 114, 98 Pac. 1081, and Archer v. Chicago etc. By.
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Appeal from District Court, Beaverhead County; J. B. Poindexter, Judge. Action by O. H. Lewis against Margaret Patton and others. From an order denying a temporary injunction, plaintiff appeals. There are two important limitations upon the rule declared in Great Falls W. W. Co. v. Great Northern By. Co., 21 Mont. 487, 54 Pac. 963, since affirmed in Prentice v. McKay, 38 Mont. 114, 98 Pac. 1081, and Archer v. Chicago etc. By. Co., 41 Mont. 56, 108 Pae. 571, viz.: (1) Where there has been an express oral agreement between the adjacent land owners that A shall have a perpetual right of easement…
1Opinion of the CourtJustice Holloway
Appeal from an order denying a temporary injunction. The parties to this action own adjoining ranches in Beaverhead county. In order for plaintiff conveniently to get to the public highway from his dwelling-house, it is necessary for him to pass over a small portion of defendant’s land. In 1903 or 1904 plaintiff constructed a roadway of a permanent character from his dwelling to the public road, fenced the same, and used it uninterruptedly until late in 1909, when defendants obstructed such roadway and threatened to continue such obstruction.
In his complaint the plaintiff alleges that he owns…
2Cases cited6 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
- Prentice v. McKayMontana Supreme Court · 1909
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
- Dempsey v. . KippNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kuhlman v. RiveraMontana Supreme Court · 1985
- Hays v. De AtleyMontana Supreme Court · 1923
- Bauer v. MonroeMontana Supreme Court · 1945
- Babcock v. GreggMontana Supreme Court · 1918
- Rentfro v. DettwilerMontana Supreme Court · 1933