Shephard v. Coeur D'Alene Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for the County of Kootenai. Hon. William W. W'oods, Judge. Action by plaintiff to enjoin and restrain defendant from maintaining a boom in Coeur d’Alene Lake, along the shore line and immediately in front of her property. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the First Judicial District, for the County of Kootenai. Hon. William W. W'oods, Judge. Action by plaintiff to enjoin and restrain defendant from maintaining a boom in Coeur d’Alene Lake, along the shore line and immediately in front of her property. Judgment for plaintiff and defendant appealed. Appellant would have a right to the use of the waters in front of the land of respondent for useful or beneficial purposes, so long as the use by obstruction merely impairs or renders more difficult the navigation, without destroying it. (Small v. Harrington, 10 Ida.…
1Opinion of the CourtAilshie, J.
This action was commenced by the respondent, Huida A. Shephard, to procure an injunction restraining the defendant from trespassing on plaintiff’s land and dumping sawdust and debris thereon and from booming and storing logs along and upon the shore line in front of her land abutting on Lake Coeur d’Alene. The district court entered a decree in favor of the plaintiff, and defendant, the Coeur d’Alene Lumber Company, a Washington corporation, has appealed.
The complaint is in the usual form, and contains all the material allegations essential in such cases, and the demurrer was therefore…
2Cases cited5 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Small v. HarringtonIdaho Supreme Court · 1904
- Powell v. Springston Lumber Co.Idaho Supreme Court · 1906
- Schuler v. FordIdaho Supreme Court · 1905
- Shephard v. Coeur D'Alene Lumber Co.Idaho Supreme Court · 1905
3Cited by11 opinions
- Baker v. LeavittSupreme Court of Oklahoma · 1915
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
- City of Los Angeles v. AitkenCalifornia Court of Appeal · 1935
- Jones v. StateIdaho Supreme Court · 1962
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