Dunlavey v. Doggett
Montana Supreme Court
Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by John Dunlavey against Jefferson Doggett and another for damages on account of interference with water rights. From a judgment on a verdict for defendants and from an order denying a new trial, plaintiff appeals.
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Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by John Dunlavey against Jefferson Doggett and another for damages on account of interference with water rights. From a judgment on a verdict for defendants and from an order denying a new trial, plaintiff appeals. In the following eases attorney’s fees have been declared proximate damages: Tully v. Ganahl, 90 Pac. 1049; Bonesteel v. Bonesteel, 30 Wis. 515; Bank of Palo Alto v. Pacific Co. Cable Co., 103 Fed. 841; Hancock v. Hubbell, 71 Cal. 537, 12 Pac. 619; Hubbard v. Gould, 74 N. II. 25, 64 Atl. 668; Boberts v.…
1Opinion of the CourtJustice Smith
The amended complaint in this action alleges that the plaintiff is the owner of a certain water right in Confederate creek, Broadwater county, which has heretofore been decreed to him by the district court of Meagher county; that in the year 1905 the defendants wrongfully diverted the water from plaintiff’s ditch, and deprived him of the-use thereof, to his damage, in loss of crops, in the sum of $400. Plaintiff further alleges as follows: “Plaintiff further avers that he was further damaged by the said acts of defendants in depriving him of water to which he was lawfully entitled, in that in…
2Cases cited8 opinions
- State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. ClancyMontana Supreme Court · 1904
- In re MacKnightMontana Supreme Court · 1891
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- State ex rel. Flynn v. Fifth Judicial DistrictMontana Supreme Court · 1900
- State ex rel. Pool v. District Court of the Ninth Judicial DistrictMontana Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Smith v. Fergus CountyMontana Supreme Court · 1934
- State Ex Rel. Foss v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1985
- Davenport v. DavenportMontana Supreme Court · 1924
- Goodover v. LINDEY'S INC.Montana Supreme Court · 1993
3 more not listed; retrieve them via the Exa API.