Deffenbaugh v. Washington Water Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment for plaintiff. Defendant appeals. The better rule is to allow only one recovery and permit it to embrace all damages for past, present and future injury to the property. (Boise Valley Construction Co. v. Kroeger, 17 Ida. 384, 105 Pac. 1070, 28 L. R. A., N. S., 968; Fowle v. New Haven & Northampton Co., 112 'Mass. 334, 17 Am.
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APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment for plaintiff. Defendant appeals. The better rule is to allow only one recovery and permit it to embrace all damages for past, present and future injury to the property. (Boise Valley Construction Co. v. Kroeger, 17 Ida. 384, 105 Pac. 1070, 28 L. R. A., N. S., 968; Fowle v. New Haven & Northampton Co., 112 'Mass. 334, 17 Am. Rep. 106.) It has frequently been held with reference to the dam in controversy that but one recovery could be had for any…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the respondent to recover damages from appellant for flooding and overflowing about five acres of sand beach or bathing beach owned by her and situated along and adjacent to the waters of Lake Coeur d’Alene.
It is charged by the complaint that the damages accrued by reason and on account of the flooding and overflowing of her land for the years 1907, 1908, 1909, 1910, and 1911. It is charged by the complaint that the water was raised to a height of about five feet above the ordinary and natural height of the water in the lake, by reason of the fact that the…
2Cases cited8 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882
- Petajaniemi v. WashIngton Water Power Co.Idaho Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sinnett v. WerelusIdaho Supreme Court · 1961
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
- Smylie v. PearsallIdaho Supreme Court · 1969
- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
- KEPLER-FLEENOR v. Fremont CountyIdaho Supreme Court · 2012
16 more not listed; retrieve them via the Exa API.