Stufflebeam v. Montgomery
Idaho Supreme Court
APPEAL from District Court, Bingham County. To authorize-plaintiffs to sue, they must have suffered an injury different in kind from that sustained by the public at large. (Bigley v. Hunan, 53 Cal. 403; Jarvis v. Railroad Co., 52 Cal. 438; Marini v. Graham, 67 Cal. 130, 7 Pac. 442; Ranch Co. v. Brooks, 74 Cal. 463, 16 Pae. 250; Mehrhof Bros. Brick Mfg. Co. v. Delaware etc.
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APPEAL from District Court, Bingham County. To authorize-plaintiffs to sue, they must have suffered an injury different in kind from that sustained by the public at large. (Bigley v. Hunan, 53 Cal. 403; Jarvis v. Railroad Co., 52 Cal. 438; Marini v. Graham, 67 Cal. 130, 7 Pac. 442; Ranch Co. v. Brooks, 74 Cal. 463, 16 Pae. 250; Mehrhof Bros. Brick Mfg. Co. v. Delaware etc. R. Co., 51 N. J. L. 56, 16 Atl. 12; Innis v. Railway Co., 76 Iowa, 165, 40 N. W. 701.) To authorize plaintiffs to sue, there must be injury actual, present, special and peculiar to plaintiffs. (Wood’s Law of Nuisance, 646,…
1Opinion of the CourtSullivan, C. J.
This action was brought by the respondents to abate a public nuisance, which it is claimed plaintiffs had created by the erection of a certain building on certain lands lying between the west side of West Main street and the Utah and Northern Railway track, in the town of Blackfoot, Bingham county, state of Idaho. The plaintiffs allege in their complaint and amendment thereto substantially as follows: That plaintiffs are husband and wife, and have been such during all the times mentioned in said complaint, and are living together as such; that they are the owners and in the possession of lots…
2Cases cited2 opinions
- Bigley v. NunanCalifornia Supreme Court · 1879
- Higgins v. MahoneyCalifornia Supreme Court · 1875
3Cited by6 opinions
- American Const. Co. v. CaswellCourt of Appeals of Texas · 1911
- Griffith v. HolmanWashington Supreme Court · 1900
- Walls v. Smith & Co.Supreme Court of Alabama · 1910
- Kelley v. ClarkIdaho Supreme Court · 1912
- Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1920
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