The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-07
STATE SUPREME COURT
New Trial Granted in the Root
VS.. the B., A. & P. Case.
LOWER COURT REVERSED
An Error in Admitting Evidence to
Prove Special Damages When Gem
eral Damages Only Had Been
Plead-Appeals Decided.


Special Dispatch TO the Standard
Helena, Dec. 6.-The supreme court
so-day reversed the district court Of
Deer Lodge county The case of $. u.
Root VS.. the Butte, aaconda 6 PACING
railway, and sent the case back with
instructions to the lower court To grant
a new trial.
Root sued the railroad company for
damages alleged TO have resulted TO his
property from the construction and op-
GRAFTON Of the road on Front street, Ana
conda In the complaint it was alleged
nhat by reason of the construction and
operation of its said railway, sidetraeks.
switches and the use of steam locomo-
lives and cars thereon, the value of the
plaintiffs property greatly deprecated
in value for any purpose whatever.
Damages We're asked in the sum of
$4,000. The jury awarded $500.
The main question decided by the
court, in an opinion by Justice Hunt,
was whether the court erred in per
uniting evidence 10 be produced on
the trial tending to prove that special
damages such as would result from
blowing OF whistles, ringing of bells,
vibration. etc. as in this case, had re-
suited, when only general damages had
been pleaded. 1t was held that the dis
trict court erred in overruling defend
ants objection to the introduction of
evidence as TO all such elements of spe-
cial damages.
Under a general allegation of dam
ages the plaintiff may prove and recover
only general damages; that is, such
damages as naturally and necessarily
result from the acts or omissions com
planned of. 1t is not natural and a
necessary result of the operation OF a
railroad that in lawfully occupying
street in a city. premises IS feet distant
he tn fae in rn
damaged in any sum for which recov
cry may be had on account Of the proS-
unity of the tracks or the operation of
the road. Judgment reversed and case
rernanded with directions to grant a
new trial.
Two other appeals were decided, both
In cases from this county. John $. Brit
fion Dry Goods company VS.. Adolph
Birkenfield. Judgment reversed and
case remanded. Opinion by Justice
Buck. The court in a per curtain af-
firmed the judgment of the lower court
in the case of j. C. Hunter VS.. j. IL.
Conrad ct al, suit on promissory
note for $4,000. The defendant default
ed and judgment was entered against
them for s9.269.37 Defendant Mabel
Conrad. appealed. The judgment is mod
flied so as to be for the sum of 81 1850.
&. G. Russell. attorney for Edgar
Many Guns, the Piegan Indian who was
indicted by the federal grand jury for
assault with intent TO kill, filed de-
rnurrer to the Indictment He attacked
the Indictment on the ground that there
is no such crime as assault with intent
to kill'' found in the federal statutes
and he also questions the legality of tht
jury at the time the vote upon the in
dictment was taken. He alleges that
when the jury voted upon the indict-
ment A. Bradley, the juror who took The
place of Frank Webster of Great Falls
had heard none of the testimony. AS
the law requires that not less than IL
shall constitute a grand jury, the body
mas not in a legal position to vote upon
the indictment. For these reasons he
asks to have it quashed. The court viii
argue upon the demurrer Wednesday
Eugene Humbert. the Missoula man
indicted for returning to the Flatheac
reservation after being ordered off
pleaded net guilty. His case has moi
been set for trial
The court had set to-day as the time
for hearing arguments upon a motion
for a deficiency judgment in the case OF
the American Loan & Trust company
Us. the Oregon Short Line, but at the
request of counsel the same were post
poned until Dec. IA.
The case of the United States Us. the
Boston &c Montana company for dam.
ages for several hundred dollars for the
value of timber alleged to have been il
legally cut on the public domain in Gas
cade county near Limedale a station or
the Nohart branch Of the Montana Cen
trail a few miles below Monarch. which
was to have been tried to-day, was con.
iinued until the April term.