Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mathes v. Adams, 254 Mont. 347 (1992)

Citation
Mathes v. Adams, 254 Mont. 347 (1992)
Parent Document
Mathes v. Adams, 254 Mont. 347 (1992)
Jurisdiction
Montana (state)
Effective Date
1992-08-18

Full Text

1,967 chars
Q.  You had complaints, Ms. Linn, about the odor   and the
    appearance of the sewage. The sewage disposal      system,
    the drains, and toilets in your trailer worked     for the
    entire 14 months that you lived there, did they    not?
    A.. No.
    Q.     Were they stopped at some point?
    A.     They backed up a lot.   I had   --
     Q.    How many times?
    A.   I counted six times I had to use snakes to unplug my
     toilet so I could flush it. When I did it came out of
     the ground on the other side of the lot.
     Also, tenant Richard Schwarz testified that "[olne day the
sewage backed up to the point to where it came up through my
bathtub lines, all the way underneath my trailer, and came up and
knocked my bottom pipe down, and it was squirting out of the ground
behind my trailer.'! The extent of Brandvoldls attempt to correct
the problem was that he threw lime underneath Schwarzfs trailer.
A similar rendition was testified to by Dorienne Amundson as
follows:
     Q. Okay. Were you present in the trailer court when
     Richard Schwarz s neighboring vacant lot bubbled up with
     sewage?
     A.    Yes, I was.
     Q.    And what steps did Brandvold take to alleviate that
    situation?
    A.    He threw lime on it.
    Q.    Did he do any cleanup of the place?
    A,    None.
    Q. How about all those sewer risers in Exhibits 5, 6,
    and 7? Did he do anything to clean up the garbage that
    was around it?
    A.    No.     He left it there.
    Mr. Greg Filori also testified to the sewage and uncleanliness
of the trailer court as follows:
    Q. Did you have any problems with the sewage system
    where you lived in River Road Trailer Court?
    A.    Yes.     There was open pipe by the trailer.
     Q.  There was an open pipe by the trailer, and what did
     that do?
    A.   It kind of seeped up through the ground by the tree.
     You can smell it.
     Q.   What seeped up?
     A.   The sewage.