Palmer v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Action to recover damages for an alleged obstruction of a public highway. Judgment for plaintiff. The facts are stated in the opinion. Title by prescription or by user cannot be gained or acquired in lands belonging to the government. (Perkins v. Vincent, 47 La.
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APPEAL from the District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Action to recover damages for an alleged obstruction of a public highway. Judgment for plaintiff. The facts are stated in the opinion. Title by prescription or by user cannot be gained or acquired in lands belonging to the government. (Perkins v. Vincent, 47 La. Ann. 579, 17 South. 126.) The total damages under any circumstances would be only those accruing during such time as would reasonably afford the plaintiff an opportunity to stop such use or occupation, either by cutting through the embankment or by…
1Opinion of the CourtSullivan, J.
— This action was brought by the respondent against the appellant corporation to recover $2,000 damages, alleged to have been sustained because of the appellant’s acts in temporarily blockading a certain logging road which crossed the appellant’s railroad track in Kootenai county, and over which railroad track and crossing the respondent was hauling logs. The answer put in issue the main allegations of the complaint. The cause was tried by the court with a jury, and a verdict and judgment was rendered and entered in favor of the respondent for $1,500. This appeal is from the order denying a…
2Cases cited6 opinions
- Swift v. Occidental Mining & Petroleum Co.California Supreme Court · 1903
- Stuart v. LordCalifornia Supreme Court · 1903
- De Molera v. MartinCalifornia Supreme Court · 1898
- American Type Founders' Co. v. PackerCalifornia Supreme Court · 1900
- Bernier v. AndersonIdaho Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wooley Trust v. DeBest Plumbing, Inc.Idaho Supreme Court · 1999
- Scafco Boise, Inc. v. RigbyIdaho Supreme Court · 1977
- Bell v. BellIdaho Supreme Court · 1908
- Davis v. RogersIdaho Supreme Court · 1951
- Fignani v. City of LewistonIdaho Supreme Court · 1971
7 more not listed; retrieve them via the Exa API.