Willson v. Boise City
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by plaintiff for damages sustained by reason of the flooding and overflowing of city lots. Judgment for the plaintiff and defendant appealed.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by plaintiff for damages sustained by reason of the flooding and overflowing of city lots. Judgment for the plaintiff and defendant appealed. A municipal corporation, in grading its streets, constructing gutters, sewers and other waterways, need not provide against extraordinary storms, such as are not reasonably to be anticipated, but performs its whole duty if such improvements are carefully constructed on a reasonably sufficient plan, só as to be sufficient for all ordinary…
1Opinion of the CourtAilshie, Presiding J.
This action was instituted by the plaintiff against Boise City to recover damages caused by flooding and overflowing her property and the property of twenty others whose claims for damages had been assigned to the plaintiff.
It appears that on about the 19th of June, 1909, a heavy rainfall, or what is commonly called a cloudburst, occurred in the foothills east of Boise City and in the vicinity of what is known as Cottonwood canyon. As a result a large body of water collected in the Cottonwood creek and carried a great quantity of sand, gravel and debris down the stream and deposited it on the…
2Cases cited11 opinions
- Gulf, Colorado & Santa Fe Ry. Co. v. BoyceCourt of Appeals of Texas · 1905
- Hyman v. . HauffNew York Court of Appeals · 1893
- Savage v. SmithSupreme Court of Alabama · 1902
- Ohio & Mississippi Railway Co. v. RameyIllinois Supreme Court · 1891
- City of Kansas City v. KingSupreme Court of Kansas · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- Davis v. Ivey and EstesSupreme Court of Florida · 1927
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
- Smith v. City of Los AngelesCalifornia Court of Appeal · 1944
15 more not listed; retrieve them via the Exa API.