Grady v. City of Livingston

MR. JUSTICE ADAIR:

I dissent. These cases involve the established public policy of this state as formulated by prohibitions of the legislature and by a long line of well-considered decisions of this court. ‘ ‘ The prohibition of the legislature cannot be disregarded by the courts.” (McManus v. Fulton, 85 Mont. 170, 278 Pac. 126, 130, 67 A. L. R. 690.) For more than half a century, has this court consistently followed the doctrine announced by Chief Justice Field in the early California case of Zottman v. San Francisco, 20 Cal. 96, 81 Am. Dec. 96. This constitutes the rule in the federal courts…