Legal Opinion

Alesko v. Union Pacific Railroad

Idaho Supreme Court

Decided January 22, 1941No. 6817PublishedCited by 29 opinions

1Opinion of the CourtGivens, J.

Appellant sued to recover damages for the flooding of his homesite (buildings and yard shown in pictures below) and washing the top soil therefrom charged to have been occasioned by the negligent construction and maintenance of respondent’s pile-supported trestle, south and up stream from appellant’s premises, impeding and deflecting flood waters in Big Creek, Shoshone county, April 1938.

Plaintiff’s Exhibits 2, 6, and 3, graphically portray the situation before and during the flood:

The railroad bridge was constructed as part of respondent’s line up the South Fork of the Goeur d’Alene River in…

2Cases cited26 opinions

  1. Green v. General Petroleum Corp.California Supreme Court · 1928
  2. City of Ardmore v. OrrSupreme Court of Oklahoma · 1913
  3. Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
  4. Belkus v. City of BrocktonMassachusetts Supreme Judicial Court · 1933
  5. State v. McClurgIdaho Supreme Court · 1931

21 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Brinkman v. Aid Insurance Co.Idaho Supreme Court · 1988
  2. United States v. City of Twin FallsCourt of Appeals for the Ninth Circuit · 1986
  3. Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
  4. Nampa & Meridian Irrigation District v. MussellIdaho Supreme Court · 2003
  5. United States v. The City of Twin Falls, Idaho, the City of Twin Falls, Idaho, Third-Party v. Hamilton and Voeller, Inc., an Idaho Corporation Detweiler Bros., Inc., an Idaho Corporation Envirotech Corporation, D/B/A Envirotech Systems, Inc., a Foreign Corporation Doing Business in Idaho, Third-Party Defendants/ United States of America v. The City of Twin Falls, Idaho, the City of Twin Falls, Idaho, Third-Party v. Hamilton and Voeller, Inc., an Idaho Corporation, Third-Party and Envirotech Corporation, D/B/A Envirotech Systems, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1986

24 more not listed; retrieve them via the Exa API.

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