Kirk v. Madareita
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to recover damages for the violation of C. L., see. 1217. Judgment for plaintiff. The settler is entitled only to aetual damages suffered by him by reason of the herding or grazing of sheep within the two-mile limit.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to recover damages for the violation of C. L., see. 1217. Judgment for plaintiff. The settler is entitled only to aetual damages suffered by him by reason of the herding or grazing of sheep within the two-mile limit. (Spencer v. Morgan, 10 Ida. 542, 79 Pac. 459; Roseborough v. Whittington, 15 Ida. 100, 96 Pae. 437; Risse v. Collins, 12 Ida. 689, 87 Pac. 1006; Chandler v. Little, 30 Ida. 119, 163 Pae. 299; Denney v. Arritola, 31 Ida. 428, 174 Pae. 135; Smith v. Benson, ante, p. 99,…
1Opinion of the Court
REDDOCH, District Judge.
This action was commenced by respondent to recover damages under the two-mile limit law (C. L., secs. 1217-1219). The case was tried to a jury resulting in a verdict for respondent, upon which judgment was entered for $100. Appellants moved for a new trial, which was denied, and this appeal is from the order denying the motion for a new trial, and also from the judgment.
The specifications of error are as follows: First, insufficiency of the evidence to justify the verdict; second, said verdict is against law, and, third, errors in law occurring at the trial. The first…
2Cases cited10 opinions
- Henderson v. ColemanWyoming Supreme Court · 1911
- Hatch Bros. v. BlackWyoming Supreme Court · 1917
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- McGuire v. Post Falls Lumber & Manufacturing Co.Idaho Supreme Court · 1913
- Smith v. BensonIdaho Supreme Court · 1918
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3Cited by4 opinions
- Vancil v. AndersonIdaho Supreme Court · 1951
- Lessman v. AnschustiguiIdaho Supreme Court · 1923
- Walling v. McMillan Sheep Co.Idaho Supreme Court · 1925
- Gifford v. GoitiaIdaho Supreme Court · 1926