St. Joe Improvement Co. v. Laumierster
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robt. N. Dunn, Judge. Action to recover tolls for towing logs in booms down the St. Joe river. Judgment for plaintiff. The act of 1899 (p. 332, Sess. Laws) is void because it attempts to impose duties and burdens upon the board of land commissioners not recognized by the constitution of the state.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robt. N. Dunn, Judge. Action to recover tolls for towing logs in booms down the St. Joe river. Judgment for plaintiff. The act of 1899 (p. 332, Sess. Laws) is void because it attempts to impose duties and burdens upon the board of land commissioners not recognized by the constitution of the state. It is void for the further reason that it authorizes the deepening, clearing and straightening of the channels of streams without providing any compensation for damages done to riparian owners. This grants the…
1Opinion of the CourtSullivan, C. J.
— This is an action to recover a balance of an account amounting to $554.50, alleged to be due from the defendants for tolls for the use of the St. Joe river, in Kootenai county, for towing logs in booms and brails. The cause was tried by the court without a jury upon a stipulation of the facts, and judgment was rendered for the plaintiff in accordance with the prayer of the complaint. The plaintiff claims the right to charge tolls on said river by virtue of its compliance with an act of the legislature approved February 28, 1899 (Sess. Laws, p. 332). Said act was repealed in 1905. (See Sess.…
2Cases cited1 opinion
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
3Cited by16 opinions
- Eberle v. NielsonIdaho Supreme Court · 1957
- Caesar v. WilliamsIdaho Supreme Court · 1962
- Idaho Telephone Company v. BairdIdaho Supreme Court · 1967
- Achenbach v. KincaidIdaho Supreme Court · 1914
- Standlee v. StateIdaho Supreme Court · 1975
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