Boise City v. Boise City Canal Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to recover the cost of constructing a bridge. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to recover the cost of constructing a bridge. Judgment for plaintiff and defendant appealed. Where a ditch company has possession of a right of Way and constructs a ditch thereon prior to the time that the highway crossing the same has been laid out and dedicated to the public, it cannot be compelled to construct at its own expense and keep in repair bridges across said ditch or canal which may be necessary for the public travel. (Broder v. Nat orna Water & Mining Go., 101U. S. 274,…
1Opinion of the Court
BRYAN, District Judge.
This is an action brought by Boise City, a municipal corporation organized and existing by virtue of the laws of the state of Idaho, against the Boise City Canal Co., a corporation, in which the plaintiff seeks to recover from the defendant the sum of $27.50, the same being the amount expended by the plaintiff in the construction and repair of certain bridges across the canal of defendant and within the corporate limits of the city of Boise. The action was begun in the justice’s court of Boise precinct and thereafter appealed to the district court of the third judicial…
2Cases cited5 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Forbes v. GraceySupreme Court of the United States · 1877
- Jennison v. KirkSupreme Court of the United States · 1879
- MacCammelly v. Pioneer Irrigation DistrictIdaho Supreme Court · 1909
- Boise City v. Boise Rapid Transit Co.Idaho Supreme Court · 1899
3Cited by2 opinions
- City of Twin Falls v. HarlanIdaho Supreme Court · 1915
- Gooding Highway District v. Idaho Irrigation Co.Idaho Supreme Court · 1917