Yellowstone Pipe Line Company, a Corporation v. Anthony Kuczynski

Plaintiff’s suit was to recover damages for injury to community property alleged to have been caused by the defendant’s negligent failure to repair the bed and protect the banks of a stream which defendant had altered and cut in order to construct a pipeline. $8,000.00 was sought as general and special damages for injuries to plaintiff’s land and improvements, plus $500.00 for loss of his personal property.

The cause was tried to the court sitting without a jury. At the conclusion of plaintiff’s case the defendant made a motion to dismiss on the ground that no negligence was shown; ruling was reserved; a second such motion was made based upon two releases executed by plaintiff. Both motions were denied and the court made findings and entered judgment in favor of plaintiff in the sum of $3,172.00.

Defendant has appealed.

Jurisdiction of the court below was based upon diversity of citizenship under 28 U.S.C.A. § 1332 , and of this court is conferred by 28 U.S.C.A. §§ 1291 and 1294.

Plaintiff’s land is situated in the mountains of northern Idaho and lies to the south of and adjoining other lands belonging to one William Jackson. A stream known as Wolf Lodge Creek meanders through…