(Download) "Crump v. Sabine River Authority" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Crump v. Sabine River Authority
- Author : Supreme Court of Montana
- Release Date : January 29, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This negligence action involves a prescription issue, as suit was filed nearly twenty years after the plaintiff, Sarah Derrick Crump, acquired knowledge of the damage allegedly caused by the tortious conduct of the defendant, the Sabine River Authority. We granted certiorari to determine the applicability of the theory of continuing tort where the digging of a canal on the property of the defendant by a third party caused damage to the property of the plaintiff. For the following reasons, we find that the operating cause of the injury was the digging of the canal, and that it is from this activity that plaintiffs negligence cause of action arose. Because plaintiff has not established continuous tortious conduct on the part of the defendant in connection with that activity, we find that the theory of continuing tort is not applicable in this case, and therefore plaintiffs negligence action is subject to a one-year prescriptive period. So finding, we hold that plaintiffs negligence action, filed nearly twenty years after the resulting damage became apparent to the plaintiff, has prescribed.
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