Grice v. Clearwater Timber Co.
Idaho Supreme Court
APPEAL from the District Court of the Seeond Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for an injunction to restrain the defendant from erecting a dam in the North Fork of the Clearwater river, and to have declared unconstitutional a certain act of the legislature. Judgment for defendant. The North Fork of the Clearwater river is, and from time immemorial has been, a navigable river and a public highway.
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APPEAL from the District Court of the Seeond Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for an injunction to restrain the defendant from erecting a dam in the North Fork of the Clearwater river, and to have declared unconstitutional a certain act of the legislature. Judgment for defendant. The North Fork of the Clearwater river is, and from time immemorial has been, a navigable river and a public highway. (3 Kent’s Com., 3d ed., p. 432; Johnson v. Johnson, 14 Ida. 583, 95 Pac. 499, 24 L. R. A., N. S., 1240 ; Powell v. Springston Lumber Co., 12 Ida. 723, 88…
1Opinion of the CourtSullivan, J.
This action was brought by the plaintiff, as owner of timber land adjacent to the North Fork of the Clearwater river in Nez Perce county, on behalf of himself and all other timber owners similarly situated, to restrain the defendant from erecting and constructing a dam in the North Fork of Clearwater river, without providing a sluiceway in such dam for the floating of rafts.
The complaint is quite lengthy and sets out in detail many facts, showing, among other things, that the Clearwater river flows through a rough, mountainous country; that there are four or five hundred thousand acres of…
2Cases cited8 opinions
- Manigault v. SpringsSupreme Court of the United States · 1905
- Newland v. MarshIllinois Supreme Court · 1857
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Matter of BurnsNew York Court of Appeals · 1898
- Doan v. Board of CommissionersIdaho Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Rich v. WilliamsIdaho Supreme Court · 1959
- Johnson v. DiefendorfIdaho Supreme Court · 1936
- In Re EdwardsIdaho Supreme Court · 1928
- Eberle v. NielsonIdaho Supreme Court · 1957
- Higer v. HansenIdaho Supreme Court · 1946
27 more not listed; retrieve them via the Exa API.