Trueman v. Village of St. Maries
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. An action to recover damages against the village of St. Maries. Judgment for plaintiff. The mere granting of the right to the railway company to construct its railway across or along the street did not, and could not, damage any property.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. An action to recover damages against the village of St. Maries. Judgment for plaintiff. The mere granting of the right to the railway company to construct its railway across or along the street did not, and could not, damage any property. Such damage, if it accrued at all, would accrue only when the railway company, acting under such consent, actually occupied the street. (Eachus v. Los Angeles etc. By. Co., 103 Cal. 614, 42 Am. St. 149, 37 Pac. 750; Jones v. Borough of Bangor, 144…
1Opinion of the CourtStewart, C. J.
Parties to this action will be designated as follows: Trueman & Wunderlich, partners, plaintiffs; Chicago, Milwaukee and St. Paul Railway Co., as railway company; Chicago, Milwaukee & Puget Sound Railway Company, as railway company, purchaser; village of St. Maries, as village of St. Maries.
This action was instituted by the plaintiffs against the defendants to recover the sum of $3,000 claimed to be due the plaintiffs by reason of the acts of the defendants in vacating a certain street and granting a right of way to the railway company. The railway company filed a demurrer to this complaint.…
2Cases cited16 opinions
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- City of Denver v. BayerSupreme Court of Colorado · 1883
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- Bancroft v. City of San DiegoCalifornia Supreme Court · 1898
- Allen v. McKay & Co.California Supreme Court · 1898
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3Cited by13 opinions
- Stanger v. HunterIdaho Supreme Court · 1930
- Coon v. SommercampIdaho Supreme Court · 1915
- Reynard v. City of CaldwellIdaho Supreme Court · 1935
- Thomas v. Boise CityIdaho Supreme Court · 1914
- Stedtfeld v. EddyIdaho Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.