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GALIGER v. HANSEN

No. 9572.

319 P.2d 1051 (1957)

Julia GALIGER, Plaintiff and Appellant, v. L. W. HANSEN and Delphine May Allhands, as Executrix of the Estate of G. Dewey Allhands, deceased, Defendants and Respondents.

Supreme Court of Montana.

December 30, 1957.

Attorney(s) appearing for the Case

Lyman H. Bennett, Virginia City, Lyman H. Bennett, Jr., Bozeman, for appellant.

Lyman H. Bennett, Jr., Bozeman, argued orally for appellant.

Frank E. Blair, Virginia City, Ralph J. Anderson and Stanley P. Sorenson, Helena, for respondents.

Ralph J. Anderson, Helena, argued orally for respondents.

ANGSTMAN, Justice.

Plaintiff has appealed from a judgment entered on a verdict in favor of the defendants after her motion for a new trial was denied.

The complaint seeks actual and exemplary damages. It alleges that defendants failed to keep clean and free from grass and weeds their irrigation ditch which crosses plaintiff's land, and as a consequence the flow of water was retarded and water was caused to seep onto plaintiff's land. It alleges that defendants...

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