Hurley v. Northern Pacific Railway Company

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal by defendant railway company from an adverse judgment entered on a jury verdict in Fallon County district court.

The plaintiffs, Mildred S. Hurley, Gary D. Hurley, Michael D. Hurley, John James Hurley and Stanley Hurley, own the surface rights to Section 7, Township 8 North, Range 60 East, M.P.M. situate approximately seven miles north of Baker, Fallon County, Montana. The defendant owns the mineral rights on the same land.

In the summer of 1965 the defendant, Northern Pacific Railway Company, a corporation,…