Herrin v. Sutherland, Sup. Ct. Of Mont.,
74 Mont 587, 241 P. 328 (1925)
Nature of the Case
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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.
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