The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-07-02
TWO CASES IN COURT
The Deer Lodge County Defective
Water Dam Suit.
HOLENBACk RECEIVES PAY
Judgment of the Lower Court in
Denying Motion for a New Trial
Affirmed - Park County
Court n louise Affair.
HOLENBACK RECEIVES PAY
Special Dispatch to tho standard.

Special Dispatch to the Standard.
Helena, July 1.-The supreme court
handed down to-day two decisions,
both of more than ordinary impor-
tancc.
Godfrey Hollrnback. respondent. VS..
Duncan Dingwell, appellant, from Deer
Lodge county. Hollenback sued the de-
PENDANTS for negllgently constructing
and maintaining dam used to store
water AT the outlet OF Gun lake, about
four and half miles above plaintiffs
ranch
In June, 1892, the dam broke and the
water ran down upon plaintiffs farm.
washing away the soil. destroying the
buildings, tearing up his fences and
crops and generally doing him great
damage. The jury awarded him $1,000
damages. The defendants moved for
a new trial and appealed from the or
der denying the motion.
AS IL was not contended that Hollen-
back was not injured by the breaking
of the dam, the court considered only
the point as TO whether the verdict was
against the law. The court holds that
in order to recover damages in such a
case the person damaged need not
have invoked all the machinery of the
law toward having the dam or danger
Gus place condemned The opinion
says: He (Hollenback) had perfect
right to live upon the creek and 1t
would be highly unreasonable to re-
qulre him TO repair n defectively con-
structed dam belonging 10 others and
for the effectiveness of which he was
in no wise responsible 1t would like
wise be a bad precedent to exonerate
the defendants, otherwise clearly negli-
gent. because a settler below them did
not avail himself Of the statutes quo
ted, which. as we have said. were a
permission expressly awarded to him.
but certainly were never intended 10
shield those who were careless from IL
ability in damages in the consequences
of negligently maintaining fearful
danger to those lawfully occupying
their homes below the point of such
danger"
Judgment affirmed. opinion by Jus.
tice Hunt.
Charles S. Hefferliu, respondent, vs.
George I. Chambers ct al, commits
sloners Of Park county. and II. j. VOL
cott. appellant. from Park county. The
case Is an injunction proceeding in.
stituted by Hefferlin to restrain the
commissioners from expending more
than $4,000 for a single purpose In
erecting a proposed court house. The
district court granted the Injunction
The commissioners entered into n con-
tract with Wolcott for building the
court house for s9.6so. The cost OF the
site and other expenses brought tn,
amount to more than $4,000
The constitution provides that nc
county shall incur an Indebtedness fol
any single purpose to exceed $1,000
without an approval OF a majority OF
the electors. The appellants maintain
ed that the indebtedness for the court
house site had been incurred before tn,
contract for building was let and tha
the amount TO be expended was there
fore under the law. On this point tn,
court says: III we were to sustain
the proposition Of appellants 1t woult
be possible for all county commission
ers to expend more than $4,000 or incu
an Indebtedness or liability exceeding
that sum. IL they simply resorted to tn,
evasion of dividing the total amour
into several sums, each less than $40.
900. and expendng each of the sums
or incurring each Of the liabilities a
: different times.
: 1t is clear that such conduct woult
be a gross violation of the construction
and that 1t was just such a violation
, as was contemplated by these appel
{ lants and restrained by the distric
court"
Judgment affirmed. Opinion by ID
Witt.