Fischer v. Davis
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. An action to secure a permanent injunction against maintaining obstructions in the Boise river. Plaintiff appeals from a modified order of the lower court, partially restraining defendant.
Read the full summary
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. An action to secure a permanent injunction against maintaining obstructions in the Boise river. Plaintiff appeals from a modified order of the lower court, partially restraining defendant. The owner of land bordering on a body of water is entitled to have the relation of the water to his land remain unchanged so far as interference by third persons or the public are concerned. (Gev/rhink v. Petaluma, 112 Cal. 306, 44 Pac. 570; Montague v. Jefferson, 7 Kan. App. 160, 53 Pac. 145;…
1Opinion of the Court
BUDGE, District Judge.
This was an action brought by the appellant against the respondent to secure a permanent injunction against the respondent from erecting certain dams, cribs and obstructions in the Boise river at a point opposite the south end of a certain bar which is described as beginning at a point about 150 feet northerly from the bridge of the Boise Yalley Railway. The appellant in his complaint, among other things, charges that the defendant is erecting said dams, cribs and obstructions at a point opposite the south end of said bar, and connecting said bar with the west bank of…
2Cases cited4 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Geurkink v. City of PetalumaCalifornia Supreme Court · 1896
- Lattig v. ScottIdaho Supreme Court · 1910
3Cited by21 opinions
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- Posey v. DoveNew Mexico Supreme Court · 1953
- Burgess v. Salmon River Canal Co.Idaho Supreme Court · 1991
- Milbert v. Carl Carbon, Inc.Idaho Supreme Court · 1965
16 more not listed; retrieve them via the Exa API.