Canady v. Coeur D'Alene Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robt. N. Dunn, Judge. Action to have certain city ordinances declared null and void and for the removal of certain obstructions in streets, and to recover damages. Judgment in favor of the defendants.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robt. N. Dunn, Judge. Action to have certain city ordinances declared null and void and for the removal of certain obstructions in streets, and to recover damages. Judgment in favor of the defendants. It is not competent for a city to authorize sueh use of a street, dedicated as a street, as will destroy it as a thoroughfare for the public use. {Dubach v. Hannibal, 89 Mo. 483, 1 S. W. 86; Belcher Sugar Bef. Co. v. St. Louis Grain El. Co., 82 Mo. 124; Smith v. McDowell ex rel. Hall, 148 111. 51, 35 N. E.…
1Opinion of the CourtSullivan, J.
This action was commenced on the 15th day of June, 1909, for the purpose of having ordinances 71, 75 and 115 of the city of Coeur d’Alene declared null and void, and to compel the defendants to remove certain obstructions from the streets vacated by said ordinances, and to have respondents enjoined from obstructing the said streets in the future, and for damages in the sum of $25,000 alleged to have been suffered by reason of the maintenance of said obstructions placed in said streets and alleys by the lumber company.
Said ordinances were enacted for the purpose of vacating and discontinuing…
2Cases cited30 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
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