Verheyen v. Dewey
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover damages alleged to have been caused by the illegal and malicious acts of the defendants. Judgment for the plaintiff. As to seepage, we contend that the complaint does not state facts sufficient to constitute a cause of action, because no negligence or carelessness in the construction or maintenance of said canal or reservoir is alleged.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover damages alleged to have been caused by the illegal and malicious acts of the defendants. Judgment for the plaintiff. As to seepage, we contend that the complaint does not state facts sufficient to constitute a cause of action, because no negligence or carelessness in the construction or maintenance of said canal or reservoir is alleged. (Fleming v. Lockwood, 36 Mont. 384, 122 Am. St. 375, 92 Pac. 962, 13 Ann. Cas. 263, 14 L. R. A., N. S., 628.) Instruction No. 9 which…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover damages resulting from an alleged trespass on real and personal property by flooding and seepage from the canal system of the defendant, the Nampa & Meridian Irrigation District.
This is a companion case to Doran v. Dewey et al., post, p. 25, 146 Pac. 1124, which was orally argued by respective counsel with the case at bar. These two cases involve practically the same questions of law and fact, although the *5alleged -damages occurred to different tracts of land and different personal property.
The respondent in this case alleged, among other things, in his…
2Cases cited7 opinions
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Blaisdell v. StephensNevada Supreme Court · 1879
- Nightingale v. ScannellCalifornia Supreme Court · 1861
- City of Spokane v. Security Savings SocietyWashington Supreme Court · 1907
- Livesay v. First National BankSupreme Court of Colorado · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cox v. StolworthyIdaho Supreme Court · 1972
- Liberty Mutual Insurance Company v. AdamsIdaho Supreme Court · 1966
- McDonald v. RobinsonSupreme Court of Iowa · 1928
- Patterson v. Horsefly Irrigation DistrictOregon Supreme Court · 1937
- Stephenson v. Pioneer Irrigation DistrictIdaho Supreme Court · 1930
13 more not listed; retrieve them via the Exa API.