Washington Water Power Co. v. Waters
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action by plaintiff to condemn a tract of land overflowed by the waters of Coeur d’Alene lake by reason of raising the level of the waters therein by means of dams and mechanical appliances placed in the Spokane river at Post Falls. Judgment for the defendants and plaintiff appealed.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action by plaintiff to condemn a tract of land overflowed by the waters of Coeur d’Alene lake by reason of raising the level of the waters therein by means of dams and mechanical appliances placed in the Spokane river at Post Falls. Judgment for the defendants and plaintiff appealed. The use and purposes for which plaintiff seeks to condemn and appropriate that portion of defendants’ land described in the plaintiff’s amended complaint is a public use, and a use authorized by law.…
1Opinion of the CourtAilshie, Presiding J.
This action was commenced by the appellant for the purpose of condemning a tract of land owned by respondents, and lying along the shores of Anderson lake and being between the Anderson lake and Coeur d’Alene river. The condemnation is sought for the purpose of overflowing this land.
The Washington Water Power Company is a corporation doing business in Shoshone and Kootenai counties, as well as in Spokane, Washington. It has been engaged for many *600years in operating an electrical generating water power plant at the natural waterfalls in the Spokane river at Spokane, Washington, and from thence…
2Cases cited15 opinions
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Smith v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1882
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Walbridge v. RobinsonIdaho Supreme Court · 1912
- Shedd v. Northern Indiana Public Service Co.Indiana Supreme Court · 1934
- Eisenbarth v. DelpIdaho Supreme Court · 1950
18 more not listed; retrieve them via the Exa API.