HERRIN V. SUTHERLAND
Sup. Ct. of Mont., 74 Mont 587, 241 P. 328 (1925)
NATURE OF THE CASE: This suit was to recover damages for trespass.
FACTS: Sutherland (D) engaged in duck hunting on the land of another and repeatedly fired
his Winchester shotgun at the ducks that flew over Herrin's (P) property. P sued in trespass
and requested nominal damages of $10. Judgment was rendered for P in the sum of $1 after a
general demurrer by D was overruled and D declined to answer. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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