Davis v. State
Idaho Supreme Court
Original action brought against the state for the purpose of procuring a recommendatory judgment. The state interposed a demurrer. An action for damages cannot be maintained against a state unless the state has, by voluntary legislative enactment, granted such consent or assumed the particular liability which is the occasion of the action.
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Original action brought against the state for the purpose of procuring a recommendatory judgment. The state interposed a demurrer. An action for damages cannot be maintained against a state unless the state has, by voluntary legislative enactment, granted such consent or assumed the particular liability which is the occasion of the action. (8 L. R. A. 399, note.) A citizen will not be permitted to bring action against the state on an alleged claim arising from the negligence, carelessness, misfeasance, malfeasance or nonfeasance of the state or its officers, except in those jurisdictions…
1Per curiam
This is an action brought by the plaintiff against the state of Idaho for a recommendatory judgment *139for damages alleged to have been sustained on the plaintiff’s land by reason of the alleged carelessness and negligence of the defendant and its duly authorized officers and agents acting in its behalf. The facts, so far as they relate to the questions here involved, are as follows: That on May 1, 1908, the defendant, state of Idaho, entered into a contract in writing with the Kings Hill Irrigation & Power Company, Limited, under which said company agreed to construct a certain irrigation…
2Cases cited21 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Langford v. United StatesSupreme Court of the United States · 1880
- Hill v. United StatesSupreme Court of the United States · 1893
- Riddoch v. StateWashington Supreme Court · 1912
- Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
16 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Smith v. StateIdaho Supreme Court · 1970
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Rome v. London & Lancashire Indemnity Co. of AmericaLouisiana Court of Appeal · 1936
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Grant Construction Co. v. BurnsIdaho Supreme Court · 1968
34 more not listed; retrieve them via the Exa API.