The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1913-04-30
IMPORTANT Finding
.'a7 BY COURT
JUDGE WINSTON DECIDES LAST
OF MILWAUKEE FLOOD CASES
IN GRANITE COUNTY,.

Philipsburg, April 29.-(Special.)-
One of the most important civil
actions which has invited the atten-
ton of the courts of Montana in re-
cent years came to trial in Granite
county during the present term of the
district court of that judicial district
before Judge Winston, it being the
suit of Ella f. Lyon against the Chi
cago, Milwaukee & st. Paul Railway
company.
The action relates back to the ex-
IRENE high water conditions which
prevailed in the He'll Gate river and
its man tributaries during the spring
of 1908, at which time the Milwaukee
and Northern Pacific roads were al
most completely destroyed between
Butte and Missoula, and the ranchers
suffered great and irr~eparable dam
age to land and personal property in
the valleys of the river and it's af-
fluents. In the recent trial of the
Lyon case the jury returned a verdict
in favor of the defendant companN.
About 60 witnesses, some of whom
came from long distances, testified
for both sides of the controversy. Ex-
pert testimony, as we'll as that of ex-
perienced residents of the territory
inundated, clearly established the ex-
traordinary Hood conditions prevalent
in the turbulent river named during
the months of May and June of the
year noted. The jury was composed
of farmers almost exclusively, and
was from among the most intelligent
and representative Of the citizens of
the county. In the former trial of the
case, Mrs. Lyon received a verdict of
$ $1,000 damages, the plaintiff claiming
to have suffered great damage to her
property through the washing away of
a natural dam, or bernie, insufficient
in strength to withstand the ordinary
flood conditions of the river, and be-
ing SO left by contractors engaged in
constructing the grade of the railway
company down the He'll Gate, made
the railway company and it's servants
liable for the damage alleged to have
been sustained by her. The conten-
ton Of the railway company on APP
peal to the supreme court was that no
act of negligence on it's part in the
manner of constructing it's roadbed
could contribute or concur with the
extraordinary flood (which prevailed
during that year and that by estab-
fishing that the flood of 1908 was ex-
traordinary in character, Or an act
of God, it vas released from all liza
bility thereby.
It was held that such rule of law
should Govern in the construction of
all works of a public character. Con-
sequently that no act of man could
concur with an extraordinary flood
when it had been proven that such
a occurred, thereby establishing a
new and most important rule of law
in connection with flood damage
eases.
This plea was presented in the first
trial of the case, and upon appeal from
the decision of the lower court the su-
preme court of Montana held the point
to be we'll taken and granted a re-
hearing. The recent trial was of IA
days duration and was most ably on
Quoted by the ounse for the respect
i've parties. The plaintiff being a
woman, and a long time wealthy resi-
dent of the county, makes the later
verdict a. rather unusual M when
contrasted with those of past cor
porate litigation in the state. 1t is
also a decidedly complimentary trib-
ute to the skill and legal ability of
George w. Korte, the distinguished
lawyer who is western solicitor for
the Milwaukee Railway company.
The decision given will go down into
the legal annals Of the west as the
most important of the many delivered
by it's highest courts.