Strong v. Brown
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, in and for Bear Lake County. Hon. Alfred Budge, Judge. Action for damages. Judgment for defendant. Plaintiff appeals.
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APPEAL from the District Court of the Fifth Judicial District, in and for Bear Lake County. Hon. Alfred Budge, Judge. Action for damages. Judgment for defendant. Plaintiff appeals. All persons have a common interest in the grass on the public lands of the United States except in so far as the grazing of sheep has been restricted by statute, and if the appellants in common with others had an interest in the grasses growing on the public domain and were entitled to graze their stock thereon, it was the duty of respondents to avoid creating any pitfalls on said public land and leaving them open…
1Opinion of the CourtAilshie, C. J.
This action was commenced to recover damages for the loss of livestock that were running on the public range and strayed on to the premises of the defendants and fell into certain “pits” or excavations that had been made on the defendants’ premises in the prosecution of work on *4their phosphate mines. A demurrer to the complaint was sustained and judgment of dismissal was entered and this appeal was thereupon prosecuted.
The only question arising, therefore, is as to the sufficiency of the complaint to state a cause of action. The material allegations thereof are as follows:
“2. That at all…
Also in this document: Concurrence.
2Cases cited2 opinions
- City of Bellevue v. DalyIdaho Supreme Court · 1908
- Beinhorn v. GriswoldMontana Supreme Court · 1902
3Cited by14 opinions
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- Maguire v. YankeIdaho Supreme Court · 1978
- Eugene C. Walsh and Lois M. Walsh v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Nielson v. SandbergUtah Supreme Court · 1943
- Kelly v. EastonIdaho Supreme Court · 1922
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