Hopkins v. Butte & Montana Commercial Co.
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action for damages for flooding land. Judgment was rendered for the plaintiff below by Benton, J. Statement of the case by the justice delivering the opinion. The plaintiff recovered judgment for $611 for damages caused by defendant flooding his land while driving logs on Deep ci’eek. The defendant appeals from the judgment, and from an order denying a new trial.
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Appeal from Eighth Judicial District, Cascade County. Action for damages for flooding land. Judgment was rendered for the plaintiff below by Benton, J. Statement of the case by the justice delivering the opinion. The plaintiff recovered judgment for $611 for damages caused by defendant flooding his land while driving logs on Deep ci’eek. The defendant appeals from the judgment, and from an order denying a new trial. The principal contention on the appeal is that the evidence did not sustain the verdict, in that it was not shown that the damages were occasioned by the negligence of the…
1Opinion of the CourtDe Witt, J.
We are of opinion that there is no question in this case that the damages complained of by plaintiff occurred, and that his loss was fully equal to the amount which the jury found.
The only substantial question in the case is whether the evidence of the defendant’s negligence appears to be sufficient to sustain the verdict found by the jury and upheld by the court in denying the motion for new trial. It seems to be true that the high water was occasioned by an unusually heavy rain in the mountains. In the afternoon of July 12, 1891, the plaintiff heard an unusual noise at the mouth of a slough…
2Cases cited2 opinions
- Carron v. WoodMontana Supreme Court · 1891
- Hopkins v. Butte & Montana Commercial Co.Montana Supreme Court · 1893
3Cited by4 opinions
- Agrilease, Inc. v. GrayMontana Supreme Court · 1977
- Candler v. Washoe Lake Reservoir & Galena Creek Ditch Co.Nevada Supreme Court · 1905
- Raas v. SharpMontana Supreme Court · 1912
- Bellaire v. Worcester Lumber Co.Michigan Supreme Court · 1913