Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana Synod
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action in condemnation. Judgment for the defendant in the sum of $9,000, from which the plaintiff appeals. By the statute (sec. 5220, Rev. Codes), the recoverable damages are only those which accrue to the untaken portion of the land. Injuries to business or to a use of the land, if they are not injuries to the land, are not recoverable.
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APPEAL from tbe District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action in condemnation. Judgment for the defendant in the sum of $9,000, from which the plaintiff appeals. By the statute (sec. 5220, Rev. Codes), the recoverable damages are only those which accrue to the untaken portion of the land. Injuries to business or to a use of the land, if they are not injuries to the land, are not recoverable. (Philadelphia Ball Co. v. Philadelphia, 192 Pa. 632, 73 Am. St. 835, 44 Atl. 265, 46 L. R. A. 724, and eases cited; St. Louis etc. B. Co. v. Knapp,…
1Opinion of the CourtAilshie, J.
This action was brought by the appellant to condemn a strip of land 100 feet in width along the southwest side of the premises belonging to the respondent corporation and which is occupied by it for college purposes. The respondent is maintaining and conducting what is known as the Coeur d’Alene College in. the suburbs of Coeur d’Alene City, and the lands sought to be condemned are a part of the college campus. On the filing of the complaint notice was issued and served, and thereupon the court appointed commissioners to assess the damages. The commissioners met and *574heard the proofs and made…
2Cases cited9 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Chicago v. TaylorSupreme Court of the United States · 1888
- Brown v. City of SeattleWashington Supreme Court · 1892
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Seal v. Puget Sound Loan & Investment Co.Washington Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Pauley v. KellyWest Virginia Supreme Court · 1979
- State v. PetersonMontana Supreme Court · 1958
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- City of Pleasant Hill v. First Baptist ChurchCalifornia Court of Appeal · 1969
- Hughes v. State Ex Rel. Idaho Board of Highway DirectorsIdaho Supreme Court · 1958
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