Yellowstone Pipe Line Company, a Corporation v. Anthony Kuczynski

KOELSCH, Circuit Judge.

Plaintiff’s suit was to recover damages for injury to community property alleged to have been caused by the defendant’s negligent failure to repair the bed and protect the banks of a stream which defendant had altered and cut in order to construct a pipeline. $8,000.00 was sought as general and special damages for injuries to plaintiff’s land and improvements, plus $500.00 for loss of his personal property. 1

The cause was tried to the court sitting without a jury. At the conclusion of plaintiff’s case the defendant made a motion to dismiss on the ground that no…