Wilhite v. Billings & Eastern Montana Power Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by F. Wilhite against the Billings & Eastern Montana Power Company. From a deeree for plaintiff and an order denying defendant a new trial, the company appeals.
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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. Action by F. Wilhite against the Billings & Eastern Montana Power Company. From a deeree for plaintiff and an order denying defendant a new trial, the company appeals. Where the business carried on is a lawful business, such as lighting, or furnishing a domestic water supply in convenient form to a city of twelve thousand or fifteen thousand people, then, before the court shall issue its mandatory injunction demolishing the industry, it is its duty to weigh and balance the respective inconveniences and losses of each party,…
1Opinion of the CourtJustice Smith
This is an action begun in Yellowstone county to compel the defendant to “lower, remove, or alter its dam in such a manner as to avoid” causing injury to plaintiff, and for damages sustained by the plaintiff “up to date.” The complaint alleges that the plaintiff is, and for seven years has been, in possession of certain agricultural lands bordering on the Yellowstone river; that he has made application for leave to file upon said premises under the homestead laws of the United States, which application' remains undetermined; that the hydro-electric plant of the defendant company is situated…
2Cases cited1 opinion
- Bliss v. Anaconda Copper Mining Co.U.S. Circuit Court for the District of Montana · 1909
3Cited by8 opinions
- In Re the Adjudication of the Existing Rights to the Use of All the WaterMontana Supreme Court · 2002
- Curran v. Department of HighwaysMontana Supreme Court · 1993
- Grosfield v. JohnsonMontana Supreme Court · 1935
- Curran v. Department of HighwaysMontana Supreme Court · 1993
- Curran v. Department of HighwaysMontana Supreme Court · 1993
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