Codd v. McGoldrick Lumber Co.

— This cause was formerly before this court on the question of the sufficiency of the petition (mandate) which was there sustained. (Codd v. McGoldrick, 46 Ida. 256, 267 Pac. 439), and is now before us for determination upon the merits, evidence responsive to the issues having been introduced before a district judge to whom the matter was referred for that purpose, the question being whether the evidence shows that the defendant should be held to be a common carrier of logs and compelled to operate as such.

The evidence shows without conflict that, for the purpose of securing the right of way…