Helena Power Transmission Co. v. Spratt
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge., Action by the Helena Power Transmission Company against Augustus N. Spratt and others, for the condemnation and appropriation of land. From a judgment in favor of plaintiff, defendants appeal. The court erred in holding that the use for which respondent sought to condemn and appropriate the lands, property and rights of these appellants set forth in the complaint, was and is public use.
Read the full summary
Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge., Action by the Helena Power Transmission Company against Augustus N. Spratt and others, for the condemnation and appropriation of land. From a judgment in favor of plaintiff, defendants appeal. The court erred in holding that the use for which respondent sought to condemn and appropriate the lands, property and rights of these appellants set forth in the complaint, was and is public use. What is a public use? The rule for determining that question is, that in order for a public use to exist, the public generally, or…
1Opinion of the Court
HON. CHARLES H. LOUD,
Judge of the Seventh Judicial District of Montana, sitting in place of Associate Justice Smith, delivered the opinion of the court.
This is an action instituted by the respondent for the condemnation and appropriation of five separate tracts of land alleged to be necessary for the purpose of flooding, in connection with the dam to be built by the respondent across the Missouri river in Lewis and Clark county, Montana. Issues were framed by complaint and answer, and a hearing thereon was had, and evidence on the part of respondent was introduced, from which it appears that…
2Cases cited39 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Clark v. NashSupreme Court of the United States · 1905
- Missouri Pacific Railway Co. v. NebraskaSupreme Court of the United States · 1896
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
34 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Montana Power Company v. BokmaMontana Supreme Court · 1969
- Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
- Donich v. JohnsonMontana Supreme Court · 1926
- Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
- Pittsburg Hydro-Electric Co. v. ListonWest Virginia Supreme Court · 1911
18 more not listed; retrieve them via the Exa API.