North & Douglas v. Woodland
Idaho Supreme Court
APPEAL from the District Court of Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Action for damages from which defendant appealed. We contend that an averment in the complaint of knowledge on the part of the defendant as to the condition of his sheep, as well as proof of such knowledge, is essential to a recovery herein. .Section 9. of the act to suppress contagious and infectious diseases of sheep (Idaho Sess.
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APPEAL from the District Court of Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Action for damages from which defendant appealed. We contend that an averment in the complaint of knowledge on the part of the defendant as to the condition of his sheep, as well as proof of such knowledge, is essential to a recovery herein. .Section 9. of the act to suppress contagious and infectious diseases of sheep (Idaho Sess. Laws, 1901, p. 145), recognizes this doctrine that scienter must be alleged and proved in cases of this character. (Patee v. Adams, 37 Kan. 133, 14 Pac. 505;…
1Opinion of the CourtStockslager, C. J.
This action is for the recovery of damages, plaintiffs alleging that defendant wrongfully and negligently permitted his sheep, which were infected with scab, and not in charge of a herder, to run upon the public highway and mix with the sheep of plaintiff, which were being driven along such highway, free from scab or other infectious disease, fat and in good condition and not upon quarantined ground; that because of such mixing and intermingling of sheep, the plaintiffs were compelled to dip those which came in contact with defendant’s sheep and otherwise to treat them, to the injury of such…
2Cases cited4 opinions
- Barnum v. VandusenSupreme Court of Connecticut · 1844
- Patee v. AdamsSupreme Court of Kansas · 1887
- State v. ChastainOregon Supreme Court · 1890
- State v. SterrittOregon Supreme Court · 1890
3Cited by6 opinions
- Johnson v. PearceSupreme Court of Louisiana · 1975
- Dederick v. SmithSupreme Court of New Hampshire · 1936
- Tucker v. PalmbergIdaho Supreme Court · 1916
- Daniels v. CampanelloIdaho Supreme Court · 1954
- Alfrey v. ShouseCourt of Appeals of Kentucky · 1915
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