La Veine v. Stack-Gibbs Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. W. W. Woods, Judge of the First District, presiding. Action by plaintiff for injunction. Temporary order granted and subsequently modified and suspended. Plaintiff appealed. A stream which can only be made floatable by artificial means is not a public highway for the floatage of logs. (Moore v. Smdborne, 2 Mich. 519, 59 Am.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. W. W. Woods, Judge of the First District, presiding. Action by plaintiff for injunction. Temporary order granted and subsequently modified and suspended. Plaintiff appealed. A stream which can only be made floatable by artificial means is not a public highway for the floatage of logs. (Moore v. Smdborne, 2 Mich. 519, 59 Am. Dec. 209; Haines v. Hall, 17 Or. 165, 20 Pac. 831, 3 L. R. A. 609; Banks v. Frazier, 111 Ky. 909, 64 S. W. 983; Wadsworth v. Smith, 11 Me. 278, 26 Am. Dec. 525; Treat v. Lord, 42 Me.…
1Opinion of the Court
AILSHIE J.
— This action was instituted by the plaintiff to secure an injunction against the defendants, enjoining them from constructing and maintaining a dam on plaintiff’s premises and thereby flooding portions of his land. The court granted a temporary restraining order. Subsequently, and after the defendants had answered and affidavits had been filed in support of both the complaint and answer, the court modified the temporary restraining order so as to permit the defendants to maintain the dam and consequently flood the lands for twenty-five days, during which time the defendants were…
2Cases cited15 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Price v. GriceIdaho Supreme Court · 1904
- Potlatch Lumber Co. v. PetersonIdaho Supreme Court · 1906
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- Staples v. RossiIdaho Supreme Court · 1901
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3Cited by5 opinions
- Unity Light & Power Company v. City of BurleyIdaho Supreme Court · 1961
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
- Ryan v. Weiser Valley Land & Water Co.Idaho Supreme Court · 1911
- Falk v. Humbird Lumber Co.Idaho Supreme Court · 1922
- Idaho Northern Railroad v. Post Falls Lumber Co.Idaho Supreme Court · 1911