Village of Sandpoint v. Doyle
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for the County of Bonner. Hon. W. W. Woods, Judge. Action by the plaintiff to enjoin and restrain defendant from constructing and maintaining a certain building and platform on his property adjacent to plaintiff’s bridge. Judgment for defendant and plaintiff appeals. A bridge is a highway. It is the duty of the municipality to keep in safe repair all bridges within its corporate limits.
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APPEAL from the District Court of the First Judicial District for the County of Bonner. Hon. W. W. Woods, Judge. Action by the plaintiff to enjoin and restrain defendant from constructing and maintaining a certain building and platform on his property adjacent to plaintiff’s bridge. Judgment for defendant and plaintiff appeals. A bridge is a highway. It is the duty of the municipality to keep in safe repair all bridges within its corporate limits. Any negligence in this regard by the municipality would render it liable for any damage that might be caused thereby. (City of Topeka v. Hempstead,…
1Opinion of the CourtAilshie, C. J.
This action was originally commenced in 1903 by the village of Sandpoint against the defendant Doyle, *752charging him with constructing a building for the purpose of running and conducting a saloon business and in cutting the rails of a certain bridge across Sand creek and connecting his building therewith. The plaintiff charged defendant with certain, acts committed and others threatened which would amount to a nuisance, and asked that he be restrained and enjoined from the further commission of such acts. A demurrer was sustained to the complaint and an appeal was taken to this court, and the…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Roby v. RobyIdaho Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- Ben Lomond, Inc. v. City of Idaho FallsIdaho Supreme Court · 1968
- Hughes v. State Ex Rel. Idaho Board of Highway DirectorsIdaho Supreme Court · 1958
- Foster's, Inc. v. Boise CityIdaho Supreme Court · 1941
- Mabe v. State Ex Rel. RichIdaho Supreme Court · 1961
26 more not listed; retrieve them via the Exa API.