Hill v. Standard Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. R. T. Morgan, Judge. Plaintiffs sued for $12,000 damages. Defendants demurred ; demurrer sustained. Judgment for costs in favor of respondent. The complaint shows a continuing, growing and destructive public nuisance, specially injurious to plaintiffs, and threatening to become more destructive, and the cause of action is stated in plain and concise language.
Read the full summary
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. R. T. Morgan, Judge. Plaintiffs sued for $12,000 damages. Defendants demurred ; demurrer sustained. Judgment for costs in favor of respondent. The complaint shows a continuing, growing and destructive public nuisance, specially injurious to plaintiffs, and threatening to become more destructive, and the cause of action is stated in plain and concise language. A complaint need not negative the lawfulness of an obstruction or its continuance, or that it was unavoidable. These are matters of defense to be set…
1Opinion of the CourtStockslager, C. J.
This is an appeal from a judgment rendered and entered on an order sustaining a demurrer to the complaint. It was the third effort of learned counsel for appellant to allege a cause of action against the defendants for damages to their lands located on the South Fork of the Coeur d’Alene river in Shoshone county. The complaint alleges:
“1. That at all the times hereinafter mentioned, the defendant, Standard Mining Company, was, and now is, a corporation duly organized and existing under the laws of the state of Idaho.
“2. That at all the times hereinafter mentioned the defendants were…
Also in this document: Concurrence.
2Cases cited9 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1884
- Ames v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1893
- Barnard v. SherleyIndiana Supreme Court · 1893
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wood River Power Co. v. ArkooshIdaho Supreme Court · 1923
- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
- Johnson v. Twin Falls Canal Co.Idaho Supreme Court · 1946
- Montpelier Milling Co. v. City of MontpelierIdaho Supreme Court · 1911
- Hill v. Empire State-Idaho Mining & Developing Co.U.S. Circuit Court for the District of Idaho · 1908
3 more not listed; retrieve them via the Exa API.