Mashburn v. St. Joe Improvement Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. Robert N. Dunn, Judge. Action by plaintiff for damages. Judgment for the plaintiff and defendant appeals. The development of the different timber-producing states has occasioned a great deal of legislation similar to the act of 1899, which has been found desirable and advantageous in making available the great natural wealth of the forests.
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APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. Robert N. Dunn, Judge. Action by plaintiff for damages. Judgment for the plaintiff and defendant appeals. The development of the different timber-producing states has occasioned a great deal of legislation similar to the act of 1899, which has been found desirable and advantageous in making available the great natural wealth of the forests. These legislative acts have been universally held to be constitutional and valid. (1 Farnham on Waters, p. 154.) The right of the legislature to provide…
1Opinion of the CourtAilshie, J.
— This action was instituted by the plaintiff, who is respondent here, for the recovery of damages sustained to his lands and the lands of his assignors. A verdict was returned, and judgment thereupon entered in favor of the plaintiff in the sum of $3,750. Defendant moved for a new trial and thereupon appealed from the judgment and an order denying its motion.
Damages were asked for injury committed by the defendant upon the lands of the plaintiff and his assignors in cutting *35away the banks of the St. Maries river and its tributary, Santa creek, which flow through these lands, and in removing…
2Cases cited15 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Monroe Mill Co. v. MenzelWashington Supreme Court · 1904
- Pickens v. Coal River Boom & Timber Co.West Virginia Supreme Court · 1902
- Kamm v. NormandOregon Supreme Court · 1907
- Axtell v. Northern Pacific Railway Co.Idaho Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- Harper v. JohannesenIdaho Supreme Court · 1962
- St. Joe Improvement Co. v. LaumiersterIdaho Supreme Court · 1910
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- Ritter v. StandalIdaho Supreme Court · 1977
9 more not listed; retrieve them via the Exa API.