Fitzpatrick v. Montgomery
Montana Supreme Court
Appeal from. District Court, Deer Lodge County. Theodore Brcmtly, Judge. Action by John Fitzpatrick against Lee Montgomery. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover for damages to real estate.
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Appeal from. District Court, Deer Lodge County. Theodore Brcmtly, Judge. Action by John Fitzpatrick against Lee Montgomery. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover for damages to real estate. It appears from the pleadings and record that the plaintiff has been since the year 1894, and is now, the owner and in possession of certain real estate situated on what is known as ‘ ‘Buffalo Creek, ’ ’ in Deer Lodge county, said real estate- being agricultural land,…
1Opinion of the CourtPemberton, C. J.
The appellant says: “The only questions presented by this appeal are, first, whether the court is correct in its conception of the law that in placer mining the operator becomes responsible at all events where any damage results from his mining operations, and that .the question of care in conducting his business becomes absolutely immaterial; and this question is raised in the record by the exclusion of evidence offered to show the care exercised by the defendant in his mining operations to prevent damage to plaintiff’s land, and in the instructions given to the jury. ”
The other question is…
2Cases cited16 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Lux v. HagginCalifornia Supreme Court · 1886
- Basey v. GallagherSupreme Court of the United States · 1875
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Reno Smelting, Milling & Reduction Works v. StevensonNevada Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fleming v. LockwoodMontana Supreme Court · 1907
- Chessman v. HaleMontana Supreme Court · 1905
- Nelson v. C & C PLYWOOD CORP.Montana Supreme Court · 1970
- Salstrom v. Orleans Bar Gold Mining Co.California Supreme Court · 1908
- Sussex Land & Live Stock Co. v. Midwest Refining Co.Court of Appeals for the Eighth Circuit · 1923
10 more not listed; retrieve them via the Exa API.