Robinson v. Mills
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; 8. II. Mclntire, Judge. Action by Lou M. Robinson against J ames H. Mills, as receiver of the Helena Consolidated Water Company. From a judgment in favor of the plaintiff, and from an order denying a motion for a new trial, the defendant appeals. Statement oe the (Ase.’ Action for damages caused by a defect in a street in the city of Helena.
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Appeal from District Court, Lewis and Clarice County; 8. II. Mclntire, Judge. Action by Lou M. Robinson against J ames H. Mills, as receiver of the Helena Consolidated Water Company. From a judgment in favor of the plaintiff, and from an order denying a motion for a new trial, the defendant appeals. Statement oe the (Ase.’ Action for damages caused by a defect in a street in the city of Helena. The plaintiff alleges in her complaint that the Helena Consolidated Water Company, under authority of an ordinance of the city of Helena approved January 15, 1890, granting to the company a franchise…
1Opinion of the CourtChief Justice Brantly
1. When plaintiff had concluded the introduction of evidence, counsel for the defendant moved the court to direct a verdict in his favor on the ground that the complaint did not state a cause of action against him, for the reasons that the duty, if any, to remedy any defect in the street occasioned-by the excavation therein by the water company, was a duty owing to the city of Helena, and to no one else, and that there was no duty resting upon the defendant to remedy such defect. The court overruled the motion, and defendant assigns error.
Subsection 73 of Section 4800 of the Political Code…
2Cases cited28 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- McNulta v. LochridgeSupreme Court of the United States · 1891
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
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3Cited by11 opinions
- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Thornton-Thomas Mercantile Co. v. BrethertonMontana Supreme Court · 1905
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Emory v. FaithCourt of Appeals of Maryland · 1910
- Webster v. ShermanMontana Supreme Court · 1906
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