Gooding Highway District v. Idaho Irrigation Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Lincoln County. Hon. Chas. O. Stockslager, Judge. Suit to recover the cost of construction of bridges over canals of defendant. Judgment for defendant.
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APPEAL from tbe District Court of the Fourth Judicial District, for Lincoln County. Hon. Chas. O. Stockslager, Judge. Suit to recover the cost of construction of bridges over canals of defendant. Judgment for defendant. See. 2477, U. S. Rev. Stats., reads: “The right of way for the construction of highways over the public lands not reserved for public purposes is hereby granted,” and, as long as the land is public land, a mere declaration by the legislature that certain section lines are highways is sufficient to establish them as such. This is true where the statutes provide for the…
1Opinion of the CourtMorgan, J.
Appellant instituted this action pursuant to sec. 3310, Rev. Codes, to recover the cost of construction of certain bridges built across irrigation ditches and canals of respondent. That section makes it the duty of the owner of a ditch or canal to build substantial bridges at all places where it crosses county or state roads, or any road kept open and used by the people of a neighborhood for their convenience and benefit, and provides that in case the owner neglects or refuses so to do, the board of county commissioners of the proper county shall, after ten days’ notice, proceed to construct…
2Cases cited14 opinions
- Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Wallowa County v. WadeOregon Supreme Court · 1903
- Prothero v. Board of County CommissionersIdaho Supreme Court · 1912
- Tholl v. KolesSupreme Court of Kansas · 1902
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3Cited by2 opinions
- State Ex Rel. McMaster v. District CourtMontana Supreme Court · 1927
- Shillingford v. Benewah CountyIdaho Supreme Court · 1929