Legal Opinion

McCarty v. Boise City Canal Co.

Idaho Supreme Court

Decided March 8, 1886PublishedCited by 22 opinions

APPEAL from District Court, Ada County. It is not only the moral, but the legal, duty of a party who seeks redress for another’s wrongs to use due diligence in preventing loss thereby.

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APPEAL from District Court, Ada County. It is not only the moral, but the legal, duty of a party who seeks redress for another’s wrongs to use due diligence in preventing loss thereby. (Sedgwick on Damages, 7th ed., pp. 164, 173, and notes; Pacific R. R. Go. v. Mihlman, 17 Kan. 224; 1 Sutherland on Damages, pp. 148-155; The Baltimore, 8 Wall. 377; Chase v. New York R. R. Co., 24 Barb. 273.) If by want of ordinary care a plaintiff may have avoided the consequences of defendant’s negligence, he is considered to be the cause of his own injury. (Weeks’ Damnum Absque Injuria, 240; Nance v. Cayuga…

1Opinion of the CourtBuck, J.

The defendant is a corporation existing under the laws of Idaho territory, organized) for the purpose of digging and operating a ditch for irrigation. The ditch is constructed across the farm of plaintiff. The complaint filed June 17, 1884, alleges, in substance, that during the years 1883 and 1884 the plaintiff’s land had been damaged by water escaping from the ditch and running upon it during said years, and prior thereto, through defects in the same, and by carelessness and mismanagement in operating the same, in the *248sum of $400. The defendant, answering, alleges, among other things, that…

2Cases cited9 opinions

  1. Railroad Co. v. JonesSupreme Court of the United States · 1877
  2. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  3. Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
  4. Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
  5. Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Tormey v. Anderson-Cottonwood Irrigation DistrictCalifornia Court of Appeal · 1921
  2. Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
  3. Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
  4. Price v. High Shoals Manufacturing Co.Supreme Court of Georgia · 1909
  5. Wood v. BrodersonIdaho Supreme Court · 1906

17 more not listed; retrieve them via the Exa API.

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