Tyson Creek Railroad v. Empire Mill Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eighth Judicial District, for Benewah County. Hon. John M. Flynn, Judge. Action to condemn right of way. Judgment for the plaintiff. A water right owned by defendants and appurtenant to the land would add to the value of the land owned by and in the possession of appellants, and their damages would thereby be increased.
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APPEAL from tbe District Court of tbe Eighth Judicial District, for Benewah County. Hon. John M. Flynn, Judge. Action to condemn right of way. Judgment for the plaintiff. A water right owned by defendants and appurtenant to the land would add to the value of the land owned by and in the possession of appellants, and their damages would thereby be increased. (2 Lewis on Eminent Domain, see. 480.) Mere general and public benefits, or such benefits as result from the improvement to the public at large, cannot be charged to the owner of land whieh is taken for a public use. (10 Am. & Eng. Ency.…
1Opinion of the CourtRice, J.
The Tyson Creek Railroad Company instituted this proceeding against the Empire Mill Company, a corporation, and William Connolly, for the purpose of condemning certain portions of their property for right of way for a railroad, and to determine the value of the land sought to be taken, as well as damages and benefits to that portion of the property not taken. The two cases were consolidated and tried as one to a jury. The jury by its verdict found the value of each tract of land sought to be taken for the right of way, and also damages accruing to that portion of the land of each of the…
Also in this document: Concurrence.
2Cases cited13 opinions
- City of Los Angeles v. PomeroyCalifornia Supreme Court · 1899
- Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana SynodIdaho Supreme Court · 1911
- Beveridge v. LewisCalifornia Supreme Court · 1902
- Southern Pacific Railroad v. San Francisco Savings UnionCalifornia Supreme Court · 1905
- Portneuf-Marsh Valley Irrigation Co. v. Portneuf Irrigating Co.Idaho Supreme Court · 1911
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3Cited by25 opinions
- State v. RamirezIdaho Supreme Court · 1921
- State v. McClurgIdaho Supreme Court · 1931
- Department of Finance v. Union Pacific RailroadIdaho Supreme Court · 1940
- Klam v. KoppelIdaho Supreme Court · 1941
- Gilbert v. City of CaldwellIdaho Court of Appeals · 1987
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