Boise City v. Boise Rapid Transit Co.
Idaho Supreme Court
APPEAL from District Court of Ada County. This action was brought in compliance with sections 935, 968, and 969 of the Revised Statutes of Idaho, .which said section 968 was, on the fifteenth day of March, 1899, amended by our legislature. (Idaho Rev. Stats., isecs. 968, 969; Sess.
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APPEAL from District Court of Ada County. This action was brought in compliance with sections 935, 968, and 969 of the Revised Statutes of Idaho, .which said section 968 was, on the fifteenth day of March, 1899, amended by our legislature. (Idaho Rev. Stats., isecs. 968, 969; Sess. Laws 1899, pl. 405.) The above statutes require all persons who run water across any public road, street, or highway in this state, to construct a ditch of sufficient size to carry all such water, and must build and keep in repair, at the expense of such person, a good, substantial bridge over such ditch. An…
1Opinion of the CourtSullivan, J.
— This action was brought to recover $194.80 alleged to be due the appellant, Boise City, for money expended in the construction of a certain bridge across the respondent’s water ditch, where said ditch crosses Fifth street of said city. The respondent answered, and the cause was heard upon an *782agreed stipulation of facte. Judgment was entered in favor of the respondent. A motion for a new trial was interposed by the appellant and overruled by the court. This appeal is from the judgment and the order denying the motion for a new trial.
Several errors are assigned, all to the effect that the…
2Cases cited2 opinions
- Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
- City of Kansas v. McAleerMissouri Court of Appeals · 1888
3Cited by2 opinions
- MacCammelly v. Pioneer Irrigation DistrictIdaho Supreme Court · 1909
- Boise City v. Boise City Canal Co.Idaho Supreme Court · 1911