Billings Realty Co. v. Big Ditch Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Frank Henry, Judge of the Sixth Judicial District, presiding. Action by the Billings Realty Company against the Big Ditcb Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. The complaint in this case fails to state a cause of action, for the reason that it does not describe the property which it is alleged was damaged.
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Appeal from District Court, Yellowstone County; Frank Henry, Judge of the Sixth Judicial District, presiding. Action by the Billings Realty Company against the Big Ditcb Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. The complaint in this case fails to state a cause of action, for the reason that it does not describe the property which it is alleged was damaged. The property involved in an action should be sufficiently described for' identification. (6 Ency. PI. & Pr. 259; People v. Mariposa Co., 31 Cal. 196; People v. Pico, 20 Cal. 596; Atwood…
1Opinion of the CourtJustice Holloway
About 1882 the Minnesota & Montana Land & Improvement Company constructed a large irrigation canal which tapped the Yellowstone river some twenty-five miles west of Billings, and, following a general easterly direction, terminated upon the land of the plaintiff. In 1900 the defendant succeeded to the ownership and control of the canal, and has since operated it for the purpose of furnishing water for irrigation and domestic uses. About November 1, 4908, a large quantity of water flowed through the canal and out over plaintiff’s lands, carrying away the soil and injuring the premises. This…
2Cases cited3 opinions
- Fleming v. LockwoodMontana Supreme Court · 1907
- Townsend v. City of ButteMontana Supreme Court · 1910
- Lake v. LoysenWisconsin Supreme Court · 1886
3Cited by12 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Richland County v. AndersonMontana Supreme Court · 1955
- Bray v. Cove Irrigation DistrictMontana Supreme Court · 1930
- Stephens v. City of EugeneOregon Supreme Court · 1918
- Harvey E. Mack Co. v. RyanMontana Supreme Court · 1927
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