Kellar v. Sproat
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action for damages caused by trespass of sheep. Judgment for plaintiff. The true measure of damages for the destruction of growing crops is the value of the crop at the time of its injury or destruction.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action for damages caused by trespass of sheep. Judgment for plaintiff. The true measure of damages for the destruction of growing crops is the value of the crop at the time of its injury or destruction. (Bisse v. Collins, 12 Ida. 689, 87 Pac. 1006.) The evidence offered in proof of the second cause of action was such as to afford a jury no more than an opportunity to guess as to the amount of damage for which the defendants were responsible, if any. (Smith v. Highland Livestock <&…
1Opinion of the Court
RICE, C. J.-
This action was brought by respondent to recover damages from appellants upon two causes of action. The verdict of the jury on the first cause of action was in favor of appellants, and it is not involved in this appeal. The second cause of action is based upon the claim that vegetation, pasturage and grasses on lands belonging to or in possession of respondent were injured and destroyed by the trespass of sheep of appellants during the season of 1918. Upon the second cause of action, the jury returned a verdict for respondent in the amount of $115. The appeal is from the judgment…
2Cases cited7 opinions
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Austin v. Brown Bros.Idaho Supreme Court · 1917
- Newport Water Co. v. KelloggIdaho Supreme Court · 1918
- Risse v. CollinsIdaho Supreme Court · 1906
- Carscallen v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Klam v. KoppelIdaho Supreme Court · 1941
- Thibadeau v. Clarinda Copper Mining Co.Idaho Supreme Court · 1928
- Bancroft v. SmithIdaho Supreme Court · 1958
- Garrett v. NeitzelIdaho Supreme Court · 1930
- Hill v. Chappel Bros. of Montana, Inc.Montana Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.