Blackwell Lumber Co. v. Empire Mill Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe First Judicial District, for Sbosbone County. Hon. John M. Flynn, Judge. Action to condemn a right of way over private lands for a temporary logging road. Judgment for defendant. This court has expressly held that the lumber industry is one of the great material resources of the state in Potlatch Lumber Co. v. Peterson, 12 Ida. 769, 118 Am.
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APPEAL from tbe District Court of tbe First Judicial District, for Sbosbone County. Hon. John M. Flynn, Judge. Action to condemn a right of way over private lands for a temporary logging road. Judgment for defendant. This court has expressly held that the lumber industry is one of the great material resources of the state in Potlatch Lumber Co. v. Peterson, 12 Ida. 769, 118 Am. St. 233, 88 Pac. 426. Sec. 14, art. 1, of the constitution is self-executing. {Potlatch Lumber Co. v. Peterson, supra), and the legislature was vested only with the power of providing a mode of procedure by which to…
1Opinion of the CourtSullivan, C. J.
The plaintiff corporation, the Blackwell Lumber Co., commenced this proceeding for condemnation of a right of way for a logging railroad. A general demurrer was sustained to the complaint. Thereafter the plaintiff declined to amend and elected to stand upon its complaint and judgment of dismissal was entered. The appeal is from the judgment, and it is recited in the notice of appeal that the appeal is taken from the order sustaining defendant’s demurrer and from the judgment.
The complaint in effect alleges that the plaintiff is an Idaho corporation engaged in the lumbering industry, with…
2Cases cited10 opinions
- Clark v. NashSupreme Court of the United States · 1905
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
- Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana SynodIdaho Supreme Court · 1911
- Day v. DayIdaho Supreme Court · 1906
- Potlatch Lumber Co. v. PetersonIdaho Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bassett v. SwensonIdaho Supreme Court · 1931
- Alliance for Property Rights & Fiscal Responsibility v. City of Idaho FallsCourt of Appeals for the Ninth Circuit · 2013
- McKenney v. AnselmoIdaho Supreme Court · 1966
- Smith v. CameronOregon Supreme Court · 1927
- State v. AitchisonMontana Supreme Court · 1934
12 more not listed; retrieve them via the Exa API.