King v. Great Northern Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge. Action to recover for the alleged negligent destruction of standing timber by fire. Judgment for the plaintiff. The right to institute the action for damages in such a case is vested by the law in the real owner of the property, and not in the one who without color of right is in possession thereof. (Mathews v. Great Northern Ry.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge. Action to recover for the alleged negligent destruction of standing timber by fire. Judgment for the plaintiff. The right to institute the action for damages in such a case is vested by the law in the real owner of the property, and not in the one who without color of right is in possession thereof. (Mathews v. Great Northern Ry. Co., 7 N. D. 81, 72 N. W. 1085; Northern Pac. Ry. Co. v. Lewis, 162 U. S. 366, 16 Sup. Ct. 831, 40 L. ed. 1002; Missouri Pac. Ry. Co. v. Cullers, 81 Tex. 382,…
1Opinion of the CourtSullivan, J.
This action was brought by the plaintiff, who is respondent here, against the Great Northern Railway Co., a corporation, to obtain damages for the alleged negligent destruction by fire of certain standing timber growing on the northeast quarter of section 30, township 59 N., range 1 west of Boise meridian, in Bonner county, and was tried upon a second amended complaint, which will be referred to as the complaint.
To said complaint a demurrer was interposed on the ground that the complaint did not state facts sufficient to constitute a cause of action, and was overruled by the court. All of the…
2Cases cited9 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- Shiver v. United StatesSupreme Court of the United States · 1895
- Northern Pacific Railroad v. LewisSupreme Court of the United States · 1896
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- McMichael v. MurphySupreme Court of the United States · 1905
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3Cited by1 opinion
- Engelman v. BirdDistrict Court, D. Alaska · 1955