Young v. Extension Ditch Co.
Idaho Supreme Court
' APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Frank J. Smith, Judge, Action to recover for damages to land. Judgment for plaintiff. In actions of this kind the principle of actual compensation governs, and the damages awarded must be confined to the actual damages sustained, which must be proven with some degree of certainty and cannot be left to the guess or speculation of the jury, as in case of torts against the person.
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' APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Frank J. Smith, Judge, Action to recover for damages to land. Judgment for plaintiff. In actions of this kind the principle of actual compensation governs, and the damages awarded must be confined to the actual damages sustained, which must be proven with some degree of certainty and cannot be left to the guess or speculation of the jury, as in case of torts against the person. (8 Am. & Eng. Ency. of Law, 611, 612; 28 Am. & Eng. Ency. of Law, 604-606, and cases there cited; 1 Sutherland on Damages, 3d…
1Opinion of the CourtSullivan, J.
This action was commenced by the respondent on the twenty-fourth day of March, 1904, to recover damages alleged to have been sustained during the three years preceding the commencement of the action, for alleged injury to about fifty acres of farm land by the discharge of an excessive amount of water over and on said land from a ditch designated as a “waste ditch,” constructed by and belonging to the appellant, in a careless, negligent and unworkmanlike manner; that because of the water from said ditch flowing upon said land, certain ponds and lakes were formed on said land and the water…
Also in this document: Concurrence.
2Cited by24 opinions
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- Nampa & Meridian Irrigation District v. MussellIdaho Supreme Court · 2003
- Casey v. Nampa and Meridian Irrigation DistrictIdaho Supreme Court · 1963
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Archer v. Shields Lumber Co.Idaho Supreme Court · 1967
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