MacCammelly v. Pioneer Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Action to recover from defendant the cost of constructing a bridge over its irrigating canal. Judgment for plaintiff. “Where a canal is in existence and highways and streets are subsequently laid out, the canal company is not bound to bridge the canal at the intersection of such highways and streets.”
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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 from defendant the cost of constructing a bridge over its irrigating canal. Judgment for plaintiff. “Where a canal is in existence and highways and streets are subsequently laid out, the canal company is not bound to bridge the canal at the intersection of such highways and streets.” (Lowell v. Proprietors Merrimack River Locks, 104 Mass. 18; Morris Canal etc. Co. v. State, 24 N. J. L. 62; Oswego v. Oswego Canal Co., 6 N. T. 257; Erie v. Erie Canal Co., 59 Pa. 174; 6…
1Opinion of the CourtSullivan, C. J.
— This action was brought for the purpose of determining whether it was the duty of the ditch owner to construct a bridge across his ditch or canal when a public highway is laid out across the same after the canal or ditch has been constructed, and was submitted to the court upon an agreed statement of facts.
The agreed facts show that the canal was constructed in 1890 and that the public road across the same, was laid out in 1907, seventeen years after the canal had been constructed. It is also stipulated that since 1890, the right of way for said canal has been and now is owned in fee by the…
2Cases cited3 opinions
- Jack v. Village of GrangevilleIdaho Supreme Court · 1903
- City of Lewiston v. BoothIdaho Supreme Court · 1893
- Boise City v. Boise Rapid Transit Co.Idaho Supreme Court · 1899
3Cited by7 opinions
- Town Council of Town of Hudson v. LaddWyoming Supreme Court · 1928
- Hancock v. HallidayIdaho Supreme Court · 1943
- City of Twin Falls v. HarlanIdaho Supreme Court · 1915
- Town Council v. LaddWyoming Supreme Court · 1928
- Boise City v. Boise City Canal Co.Idaho Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.