Roseborough v. Whittington
Idaho Supreme Court
APPEAL from the District Court of Sixth Judicial District for Fremont County. Hon. James M. Stevens, Judge. Action to recover damages under what is known as tbc “two-mile limit law.” Judgment for plaintiff. In an action of this kind the permanent injury to the range or the effect upon the grass for another season, by reason of herding and grazing sheep upon it, tramping out and destroy-. ing it, is not a proper element of damage.
Read the full summary
APPEAL from the District Court of Sixth Judicial District for Fremont County. Hon. James M. Stevens, Judge. Action to recover damages under what is known as tbc “two-mile limit law.” Judgment for plaintiff. In an action of this kind the permanent injury to the range or the effect upon the grass for another season, by reason of herding and grazing sheep upon it, tramping out and destroy-. ing it, is not a proper element of damage. (Sweet v. Ballentine, 8 Ida. 431, 69 Pac. 995; Spencer v. Morgan, 10 Ida. 542, 79 Pac. 459; Swanson v. Groat, 12 Ida. 148, 85 Pac. 384.) No man has a property right…
1Opinion of the CourtSullivan, J.
This action was commenced to recover damages alleged to have been sustained by reason of the appellant’s herding and grazing his sheep within two miles of the dwelling-house of the respondent, under the provisions of secs. 1210 and 1211, known as the “two-mile limit law.” The action was brought in justice’s court, where a judgment was rendered in favor of the defendant. Thereupon the plaintiff appealed to the district court, where the cause was tried de novo before the court with a jury, and a verdict and judgment were rendered and entered in favor of the plaintiff for the sum of $80 and…
2Cases cited1 opinion
- Lovel v. JoyceIdaho Supreme Court · 1903
3Cited by7 opinions
- Vancil v. AndersonIdaho Supreme Court · 1951
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
- Cleary v. ShandUtah Supreme Court · 1916
- Kirk v. MadareitaIdaho Supreme Court · 1919
- Delay v. FosterIdaho Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.