Ball Ranch Co. v. Hendrickson
Montana Supreme Court
Appeal from District Court, Custer County; Sydney Banner, Judge. Action by the Ball Ranch Company against Martin Hen-drickson and another. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. The gist and substance of this action as disclosed by the allegations of the complaint is the injury inflicted upon the property of the respondent by the alleged negligence of the appellants.
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Appeal from District Court, Custer County; Sydney Banner, Judge. Action by the Ball Ranch Company against Martin Hen-drickson and another. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. The gist and substance of this action as disclosed by the allegations of the complaint is the injury inflicted upon the property of the respondent by the alleged negligence of the appellants. The damages, if any were sustained, were caused to the ewes, and tbe proper element of damage would have been the value of the ewes before and after the injuries complained…
1Opinion of the Court
IION. JOHN B. McCLERNAN, a Judge of the Second Judicial District, sitting in place of MR. JUSTICE SANNER, disqualified,
delivered the opinion of the court.
This action was commenced by plaintiff and respondent to recover damages against the defendants and appellants for injuries to plaintiff by reason of the death of ewe sheep and lambs, alleged to have been caused by the negligence of the defendants. The charging part of the complaint, or as much thereof as is necessary for a proper understanding of the case, is as follows: “That on or about the 24th day of September, 1911, the defendants…
2Cases cited5 opinions
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
- Leavenworth, Topeka & Southwestern Railway Co. v. ForbesSupreme Court of Kansas · 1887
- Stephenson v. FergusonIndiana Court of Appeals · 1892
3Cited by3 opinions
- Hausken v. ComanNorth Dakota Supreme Court · 1936
- Willis v. GerkingWashington Supreme Court · 1920
- Poole v. CloverCalifornia Court of Appeal · 1922