Legal Opinion

City of Twin Falls v. Harlan

Idaho Supreme Court

Decided October 2, 1915PublishedCited by 11 opinions

APPEAL from the District Court of the Fourth Judicial District for the County of Twin Falls. Hon. Edward A. Walters, Judge. The defendant, as manager of the Twin Falls Canal Company, was tried and found guilty of maintaining a nuisance by maintaining a ditch in one of the streets of the city of Twin Falls.

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APPEAL from the District Court of the Fourth Judicial District for the County of Twin Falls. Hon. Edward A. Walters, Judge. The defendant, as manager of the Twin Falls Canal Company, was tried and found guilty of maintaining a nuisance by maintaining a ditch in one of the streets of the city of Twin Falls. The lateral in question, as a part of the Twin Falls canal system, was constructed under the supervision of the state officials and by authority of the state statutes. {Hanes v. Idaho Irr. Go., 21 Ida. 512, 122 Pae. 859; State v. Twin Falls Canal Co., 21 Ida. 410, 121 Pac. 1039.) This court…

1Opinion of the CourtSullivan, C. J.

— This action was brought to determine the validity of an ordinance of Twin Falls city relating to the covering of a water ditch running through the streets of said city. The appellant was convicted of violating said ordinance in the district court of Twin Falls county and fined one dollar by the trial court, and the appeal is from the judgment and taken for the purpose of determining the legal right of the Twin Falls Canal Company to operate this ditch in the usual and ordinary manner through said city without covering the same as provided by said city ordinance. The appellant is the manager…

2Cases cited8 opinions

  1. Broder v. Water Co.Supreme Court of the United States · 1879
  2. City of Denver v. MullenSupreme Court of Colorado · 1884
  3. Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
  4. State v. Twin Falls Canal Co.Idaho Supreme Court · 1911
  5. City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1913

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3Cited by11 opinions

  1. Rowe v. City of PocatelloIdaho Supreme Court · 1950
  2. Hendrix v. City of Twin FallsIdaho Supreme Court · 1934
  3. State v. FinneyIdaho Supreme Court · 1944
  4. City of Scottsbluff v. Winters Creek Canal Co.Nebraska Supreme Court · 1952
  5. Cox v. City of PocatelloIdaho Supreme Court · 1955

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