Herrin v. Sutherland Sup. Ct. Of Mont.,

74 Mont 587, 241 P. 328 (1925)

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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.