Portneuf-Marsh Valley Irrigation Co. v. Portneuf Irrigating Co.
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, in. and for the County of Bannock. lion. Alfred Budge, Judge. Suit in condemnation. Judgment for the defendant establishing its damages, from which plaintiff appealed. The real damages are what the party is damaged. In property like this, it is measured by the difference between the value of his property before and after the taking.
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APPEAL from the District Court of the Fifth Judicial District, in. and for the County of Bannock. lion. Alfred Budge, Judge. Suit in condemnation. Judgment for the defendant establishing its damages, from which plaintiff appealed. The real damages are what the party is damaged. In property like this, it is measured by the difference between the value of his property before and after the taking. “Compensation must be reckoned from the standpoint of what the land owner loses by having his property taken, not by the benefit which the property may be to the other party to the proceedings.” (15…
1Opinion of the CourtAilshie, J.
This is an action for condemnation. The plaintiff sought by its action to condemn a right to enlarge the defendant’s (the Portneuf Irrigating Co., Ltd.) canal to such capacity that it will carry the volume of water the Portneuf Irrigating Co. desires to carry through the canal, and also the plaintiff’s appropriation. The case was tried before the court and a jury, and judgment was entered allowing the defendant’s damages at $4,500. The plaintiff has appealed from the judgment awarding damages.
The only question presented on this appeal is the correctness of an instruction given by the court to…
2Cases cited4 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- State v. NeilIdaho Supreme Court · 1907
- Houser v. AustinIdaho Supreme Court · 1886
- People v. BernardIdaho Supreme Court · 1886
3Cited by26 opinions
- City of Stockton v. EllingwoodCalifornia Court of Appeal · 1929
- Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana SynodIdaho Supreme Court · 1911
- Kelly v. Troy Laundry Co.Idaho Supreme Court · 1928
- Tyson Creek Railroad v. Empire Mill Co.Idaho Supreme Court · 1918
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980
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