Idaho Northern Railroad v. Post Falls Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Sbosbone County. Hon. W. W. Woods, Judge. Action for damages and perpetual injunction. Judgment for the plaintiff and defendant appealed. Respondent was bound to take notice that Eagle and Prichard creeks could be rendered navigable by the removal of a few stumps and fallen timbers before occupying the channel of said Prichard creek. (Olson v. Merrill, 42 Wis. 203; Moore v. Sanborne, 2 Mich. 520, 59 Am.
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APPEAL from the District Court of the First Judicial District for Sbosbone County. Hon. W. W. Woods, Judge. Action for damages and perpetual injunction. Judgment for the plaintiff and defendant appealed. Respondent was bound to take notice that Eagle and Prichard creeks could be rendered navigable by the removal of a few stumps and fallen timbers before occupying the channel of said Prichard creek. (Olson v. Merrill, 42 Wis. 203; Moore v. Sanborne, 2 Mich. 520, 59 Am. Dec. 209; Johnson v. Johnson, 14 Ida. 561, 95 Pac. 499, 24 L. R. A., N. S., 1240.) The test to be applied in such cases is,…
1Opinion of the CourtAilshie, J.
This is an appeal from the judgment and order denying a motion for a new trial. The respondent, the Idaho Northern Railroad Co., is an Idaho corporation, and has constructed and is operating a line of road from a point near the junction of the north and south forks of the Coeur d’Alene river in Shoshone county up the north fork of the Coeur d’Alene river to its confluence with Prichard creek and thence up Prichard creek to the mouth of Paragon gulch. Prichard creek is a tributary of the north fork of the Coeur d’Alene river and flows through a mineral and timber section of Shoshone county. It…
2Cases cited9 opinions
- Brown v. ChadbourneSupreme Judicial Court of Maine · 1849
- Potlatch Lumber Co. v. PetersonIdaho Supreme Court · 1906
- Hallock v. SuitorOregon Supreme Court · 1900
- Small v. HarringtonIdaho Supreme Court · 1904
- Commissioners of Burke County v. Catawba Lumber Co.Supreme Court of North Carolina · 1895
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3Cited by4 opinions
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
- McGuire v. Post Falls Lumber & Manufacturing Co.Idaho Supreme Court · 1913
- Ritter v. StandalIdaho Supreme Court · 1977
- Falk v. Humbird Lumber Co.Idaho Supreme Court · 1922