Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 39Bancroft-Whitney Company, 1891 |
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Page 4
... causing injury to plaintiff , and for damages sus- tained by the plaintiff " up to date . " The complaint alleges ... caused the river to overflow a portion of plaintiff's land and deposit dirt , sand , and sediment thereon , and caused ...
... causing injury to plaintiff , and for damages sus- tained by the plaintiff " up to date . " The complaint alleges ... caused the river to overflow a portion of plaintiff's land and deposit dirt , sand , and sediment thereon , and caused ...
Page 5
... cause the plaintiff similar injury to crops , inconvenience , discomfort and annoyance as it has this year , and during the winter months said dam will cause the ice formed in said river to gorge in such a manner as to make it difficult ...
... cause the plaintiff similar injury to crops , inconvenience , discomfort and annoyance as it has this year , and during the winter months said dam will cause the ice formed in said river to gorge in such a manner as to make it difficult ...
Page 48
... cause , find for the plaintiff the sum of 250.25 dollars . " Upon this verdict there was entered a judgment , which , after reciting the proceedings , follows : " Wherefore , by reason of the law , and by reason of the premises ...
... cause , find for the plaintiff the sum of 250.25 dollars . " Upon this verdict there was entered a judgment , which , after reciting the proceedings , follows : " Wherefore , by reason of the law , and by reason of the premises ...
Page 49
... cause of action against McGinley personally , or against him as president of the association , it does not support the judgment . The judgment is reversed and the cause is remanded , with directions to dismiss the action . Reversed and ...
... cause of action against McGinley personally , or against him as president of the association , it does not support the judgment . The judgment is reversed and the cause is remanded , with directions to dismiss the action . Reversed and ...
Page 50
... Cause . 3. In an action to recover damages for the death of an employee , al- leged to have been caused through the fault of the employer by reason of his nonperformance of a statutory duty relative to safeguarding appliances , the ...
... Cause . 3. In an action to recover damages for the death of an employee , al- leged to have been caused through the fault of the employer by reason of his nonperformance of a statutory duty relative to safeguarding appliances , the ...
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Common terms and phrases
38 Mont affidavit Affirmed agreement alleged amended amount Appeal from District Attorney Bank bill bonds Butte Caplice cause of action CHIEF JUSTICE BRANTLY clerk complaint Constitution contention contract contributory negligence corporation counsel County Seat court of equity damages deceased defendant defendant's delivered the opinion district court ditch drain commissioner elected entitled equity error evidence ex rel fact favor fendant filed ground held indebtedness instruction issue judge judgment jurisdiction juror jury JUSTICE SMITH land McHatton ment motion negligence Northern Pacific Northern Pacific Railway notice oral order denying parties plaintiff pleading proof purchase purpose question quiet title railway company reason record recover refused respondent Revised Codes rule Silver Bow County statute submitted sufficient supra supreme court Sweet Grass county testified testimony thereof tion trial court trustees verdict Winstanley witness Yellowstone County Yergy
Popular passages
Page 31 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Page 118 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 136 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Page 96 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be .ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 142 - Cut the value of property results from the use to which it is put, and varies with the profitableness of that use, present and prospective, actual and anticipated. There is no pecuniary value outside of that which results from such use.
Page 71 - ... repeating this from day to day, tends to injurious effects upon the body, and as healthy mothers are essential to vigorous offspring, the physical wellbeing of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race. "Still again, history discloses the fact that woman has always been dependent upon man. He established his control at the outset by superior physical strength, and this control in various forms, with diminishing intensity, has continued...
Page 235 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 9 - I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v.
Page 167 - Examiners, with power to examine all claims against the State, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no...
Page 72 - The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long continued labor, particularly when done standing, the influence of vigorous health upon the future wellbeing of the race, the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence.