Whitney v. Cleveland
Idaho Supreme Court
APPEAL from the District Court of Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Action to recover damages for the unlawful grazing and herding of sheep. Judgment for the plaintiff.
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APPEAL from the District Court of Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Action to recover damages for the unlawful grazing and herding of sheep. Judgment for the plaintiff. It is not even shown that the sheep were herded or permitted to graze in the sense contemplated by the statute, as interpreted by this court in Phipps v.- Grover, 9 Idaho, 415, 75 Pac. 64. No evidence of an unsuccessful offer to compromise can be admitted over the objection of either party. (1 Rice on Evidence, 435; 1 Eney. of Ev. 596; Kroetch v. Empire Mill Co., 9 Idaho, 277, 282, 74…
1Opinion of the CourtSullivan, J.
This action was commenced in the probate court of Elmore county to recover for damages alleged to have been sustained by reason of the defendant herding and grazing his sheep on the land of plaintiff and within two miles of his residence under what is known as the two-mile limit law. Judgment was rendered in favor of the plaintiff and an appeal was taken by the appellant to the district court of said county, where the cause was tried de novo. Upon the trial of the case in the district court the jury returned a verdict in favor of the respondent for $125 and costs of suit. A motion for a new…
2Cases cited4 opinions
- West v. SmithSupreme Court of the United States · 1879
- Kroetch v. Empire Mill Co.Idaho Supreme Court · 1903
- Sebree v. SmithIdaho Supreme Court · 1888
- Chicago, Burlington & Quincy Railroad v. RobertsSupreme Court of Colorado · 1899
3Cited by4 opinions
- Hatfield v. Max Rouse & Sons NorthwestIdaho Supreme Court · 1980
- Davidson v. Beco Corp.Idaho Court of Appeals · 1987
- Tilden v. HubbardIdaho Supreme Court · 1913
- Davidson v. Beco Corp.Idaho Court of Appeals · 1987