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…
1Dissent
BUDGE, J.,
Dissenting. — "While it was alleged in the complaint that the fire “was negligently permitted by said defendant to spread northward from the defendant’s said right of way into the pasture grass of plaintiff’s said land next to and adjoining said right of way,” the evidence discloses ho negligence other than the failure of appellant to keep its right of way free from combustible material.
I cannot agree with the majority opinion that C. S., sec. 2948, is either in any manner controlling or has any application to the ease at hand. That section is part of an- act designed and enacted…
2Cases cited8 opinions
- Colburn v. WilsonIdaho Supreme Court · 1913
- Noble v. BragawIdaho Supreme Court · 1906
- State v. RobinsonSupreme Court of Minnesota · 1893
- Wilson v. StateIndiana Court of Appeals · 1897
- Wood v. Independent School District No. 2Idaho Supreme Court · 1912
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