Legal Opinion

Village of Sand Point v. Doyle

Idaho Supreme Court

Decided December 30, 1905PublishedCited by 23 opinions

APPEAL from the District Court of Kootenai County. Honorable R. T. Morgan, Judge. Judgment for respondent on demurrer for his costs, from which the appeal was taken. The facts are stated in the opinion. The laws of Idaho place the burden of maintaining and keeping in safe repair all streets, highways and thoroughfares within their corporate limits upon cities, towns and villages.

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APPEAL from the District Court of Kootenai County. Honorable R. T. Morgan, Judge. Judgment for respondent on demurrer for his costs, from which the appeal was taken. The facts are stated in the opinion. The laws of Idaho place the burden of maintaining and keeping in safe repair all streets, highways and thoroughfares within their corporate limits upon cities, towns and villages. (Rev. Stats., see. 2230, subd. 16; City of Genessee v. Latah Co., 4 Idaho, 141, 36 Pac. 701; Nelson v. Board of Commrs., 6 Colo. App. 279, 40 Pae. 474.) The power of absolute control of the highways within an…

1Opinion of the Court

' tíTOCKSLAGER, C. J.

— Plaintiff filed its complaint alleging that it is a corporation. It is shown a stream known as Sand creek runs through the village of Sand Point, and that there is a bridge across said stream connecting the streets at either end of the village. This -bridge, it is alleged, is four hundred and fifty feet long, sixteen feet wide, inclusive, and fourteen and one-half feet in width within the railing, and from fifteen to twenty feet high. It is built of wood and ^is a principal highway connecting the east with the *645west side of said creek. It was constructed by Kootenai…

2Cases cited1 opinion

  1. Carson v. City of GeneseeIdaho Supreme Court · 1903

3Cited by23 opinions

  1. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  2. Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
  3. City of Bellevue v. DalyIdaho Supreme Court · 1908
  4. State Ex Rel. Lyon v. Columbia Water Power Co.Supreme Court of South Carolina · 1909
  5. Eaton v. City of WeiserIdaho Supreme Court · 1906

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