Petajaniemi v. WashIngton Water Power Co.
Idaho Supreme Court
'APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action of plaintiffs for damages caused by flooding and submerging their lands. Judgment for plaintiffs and defendant appealed. The laws of nature cannot be turned aside by the story of any witness or number of them.
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'APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action of plaintiffs for damages caused by flooding and submerging their lands. Judgment for plaintiffs and defendant appealed. The laws of nature cannot be turned aside by the story of any witness or number of them. Water will flow down hill and seek its level; and in this case no matter how many witnesses might have said that lands above an elevation of 2,128 feet were affected by reason of the operation of the dams, the physical facts and natural laws convict them of being mistaken.…
1Opinion of the CourtAilshie, J.
Petajaniemi and his wife commenced an action against the appellant to recover damages for the flooding and permanent overflow of their lands, and about the same time a like action was commenced by Maak and wife and Hilda Ludden to recover for flooding and permanent overflow of their lands. The causes were transferred to Shoshone county and there, upon order of the judge, the two cases were consolidated and tried at the same time, and the jury returned a verdict in favor of Petajaniemi for $3,124.90 and for Maak in the sum of $3,976.67. A motion was made for a new trial and denied by the…
2Cases cited7 opinions
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- Groth v. ThomannWisconsin Supreme Court · 1901
- Peterson v. Standard Oil Co.Oregon Supreme Court · 1910
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- In Re the Estate of HarriotNew York Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cogswell v. C. C. Anderson Stores Co.Idaho Supreme Court · 1948
- Deffenbaugh v. Washington Water Power Co.Idaho Supreme Court · 1913
- Independent School District v. C. B. Lauch Construction Co.Idaho Supreme Court · 1957
- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
- Wells v. Robinson Construction Co.Idaho Supreme Court · 1932
12 more not listed; retrieve them via the Exa API.