Stricker v. Hillis
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Twin Falls County. Hon. Edward A. Walters, Judge. An action to enjoin a public nuisance in unlawfully placing and maintaining obstructions in a publie highway. Demurrer to the complaint sustained. Plaintiff appeals. This road being a public highway, to obstruct it constitutes a nuisance, and the remedy to be invoked is abatement.
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APPEAL from tbe District Court of the Fourth Judicial District, for Twin Falls County. Hon. Edward A. Walters, Judge. An action to enjoin a public nuisance in unlawfully placing and maintaining obstructions in a publie highway. Demurrer to the complaint sustained. Plaintiff appeals. This road being a public highway, to obstruct it constitutes a nuisance, and the remedy to be invoked is abatement. (Rev. Code, secs. 3656, 3663, 3668.) If it is a publie nuisanee, this appellant may maintain this action “if it is specially injurious to himself.” (Rev. Stat. 1887, sec. 3633; Small v. Harrington,…
1Opinion of the CourtStewart, J.
This action was commenced by appellant to restrain the defendants from “plowing up, fencing, or in any manner obstructing” a public highway. A demurrer was filed to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action, and was sustained by the trial court. The plaintiff declined to amend, and judgment was entered for the defendants. This appeal is from the judgment. The sole question presented upon the oral argument and in the briefs of counsel is: Does the complaint state facts sufficient to authorize the plaintiff to maintain this action? The…
2Cases cited5 opinions
- Cushing - Wetmore Co. v. GrayCalifornia Supreme Court · 1907
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- Small v. HarringtonIdaho Supreme Court · 1904
- San Jose Ranch Co. v. BrooksCalifornia Supreme Court · 1887
- Redway v. MooreIdaho Supreme Court · 1892
3Cited by5 opinions
- Husband v. CottonCourt of Appeals of Kentucky · 1916
- Faucett v. Dewey Lumber Co.Montana Supreme Court · 1928
- Revard v. HuntSupreme Court of Oklahoma · 1911
- Stricker v. HillisIdaho Supreme Court · 1910
- Ravndal v. Northfork PlacersIdaho Supreme Court · 1939