Brose v. Twin Falls Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court .of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action for damages. Judgment for defendant. Plaintiff appealed. If the injury or damage is the direct result of the concurring or contributing acts of both defendants, they are jointly and severally liable for the injury, and one action will lie against all or any one of them for the damages sustained.
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APPEAL from the District Court .of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action for damages. Judgment for defendant. Plaintiff appealed. If the injury or damage is the direct result of the concurring or contributing acts of both defendants, they are jointly and severally liable for the injury, and one action will lie against all or any one of them for the damages sustained. (38 Cye. 483; Gunder v. Tibbits, 153 Ind. 591, 55 N. E. 762; Drown v. New England Tel. & Tel. Co., 80 Yt. 1, 66 Atl. 801.) “When the negligence of two or more persons concurs in…
1Opinion of the CourtAilshie, C. J.
This is an appeal from the judgment. The court sustained a demurrer to the complaint, on the ground that there was a misjoinder of parties defendant. Plaintiff declined to amend and judgment of dismissal was entered.
The action is prosecuted for recovery of damages caused by seepage and percolating waters from the canal owned by the Twin Falls Canal Co. The complaint, among other things, alleges that the plaintiff is the owner of certain lands in Twin Falls county under the canal system owned by the Twin Falls Canal Co. The complaint charges that the defendant, Twin Falls Land & Water Co., in…
2Cases cited13 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
- Marriott v. WilliamsCalifornia Supreme Court · 1908
- Gunder v. TibbitsIndiana Supreme Court · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McDonald v. RobinsonSupreme Court of Iowa · 1928
- Woodman v. KnightIdaho Supreme Court · 1963
- Midland Empire Packing Co. v. Yale Oil Corp.Montana Supreme Court · 1946
- Hartman v. Gas Dome Oil Co.Idaho Supreme Court · 1931
- Colwell v. BothwellIdaho Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.