Gibbert v. Washington Water Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action for damages. Motion by defendant for change of venue. Application denied and defendant appealed.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action for damages. Motion by defendant for change of venue. Application denied and defendant appealed. The “prejudice or local influence” which the law means to make the ground for removal may relate to the person of the litigant or to the subject matter of the litigation, and in all cases where there exists bias, partiality or unreasonable predilection in the local communities or courts, which will' work injustice or prevent the party asking the removal from obtaining justice,…
1Opinion of the Court
STEELE, District Judge.
This action was brought by the plaintiffs to recover damages on account of the lands of the plaintiffs being overflowed by water, caused, as alleged, by a dam constructed by the defendant. The action was commenced in Kootenai county, and, after the cause was at issue, the defendant, the Washington Water Power Company, moved the trial court for a change of the place of trial from Kootenai county, on account of the bias and prejudice of the citizens of that county. Affidavits were filed in support of the motion and in opposition thereto; the trial court made an order…
2Cases cited1 opinion
- State v. RookeIdaho Supreme Court · 1904
3Cited by15 opinions
- Czaplicki v. Gooding Joint School District No. 231Idaho Supreme Court · 1989
- Lessman v. AnschustiguiIdaho Supreme Court · 1923
- Robinson v. WhiteIdaho Supreme Court · 1966
- Booren v. McWilliamsNorth Dakota Supreme Court · 1916
- Spaulding v. HoopsIdaho Supreme Court · 1930
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