Bicandi v. Boise Payette Lumber Co.

BUDGE, J.,

Dissenting. — The material allegations of the complaint in this action may be stated concisely as follows: That appellant is a corporation; that it owns and operates a sawmill and lumber plant near the town of Emmett; that upon its property is located a pond constructed and maintained by it for the purpose of holding logs thereon during the opteration of its mill; that this property was fenced upon three sides; that a number of paths led from the highway to the property of appellant and that at one point, where several paths joined, the lower portions of the pickets of the fence had…