Curoe v. Spokane & Inland Empire Railroad
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment for plaintiff. The court will construe the statute in the light of the fact that it was enacted for the preservation of .timber land and that the legislative body could not. have had in contemplation any law applicable generally to railroads. {Rural High School v. School District, 32 Ida. 325, 182 Pae. 859.) ■“The constitution has made the title the conclusive index to the legislative intent as to what shall have operation.” {Gerding v. Board of County…
1Opinion of the CourtMorgan, C. J.
On July 23, 1917, fire started in dry weeds and grass on appellant’s right of way and spread to respondent’s adjoining land and consumed grass in his pasture and wheat in his field. Immediately before the fire one of appellant’s trains, propelled by electricity, passed the point where it occurred. The evidence does not disclose what caused the fire, and no negligence is charged against appellant other than its failure to keep its right of way free from the combustible material by means of which it was communicated to respondent’s property.
Respondent relies upon C. S., secs. 2948 and 8346, and…
2Cases cited6 opinions
- Hamilton v. RathboneSupreme Court of the United States · 1899
- Denton v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1913
- Evers v. DavisSupreme Court of New Jersey · 1914
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1914
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
- Pittman v. SatherIdaho Supreme Court · 1947
- Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940
- Sycamore Preserve Works v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1937
- Anderson v. Blackfoot Livestock Commission Co.Idaho Supreme Court · 1962
18 more not listed; retrieve them via the Exa API.