Resner v. Northern Pacific Railway
Cases that cite this one
4 later published cases cite this decision.
- Beam v. Wausau Insurance Co. (Ind. 2002)
- Long v. Hendricks (Idaho Ct. App. 1988)
- Sun River Cattle Co. v. MINERS'BANK OF MONTANA (Mont. 1974)
- Sun River Cattle v. Miners Bank (Mont. 1974)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant’s motion to dismiss plaintiff’s appeal is granted. Reason: The district court’s computation of interest in its amended judgment of February 21, 1973, is correct. Authority: Stockton Theatres, Inc., v. Palermo, 55 Cal.2d 439, 11 Cal.Rptr. 580, 582, 360 P.2d 76, specifically the following rule: “* * * when a judgment is reversed on appeal the new award subsequently entered by the trial court can bear interest only from the date of entry of such new judgment.” Rationale: As tort claims do not bear interest until the amount of damages is determined by judgment, the additional award of $65,759.51 bears interest only from the date of the judgment therefor, February 21, 1973.
Defendant’s motion to assess damages against plaintiff for a frivolous appeal is denied. Reason: We choose not to exercise this discretionary power in this case as these successive appeals and applications are, in our view, the product of misdirected efforts flowing from the misguided judgment of plaintiff’s counsel.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.