Legal Opinion

Boise Development Co. v. Boise City

Idaho Supreme Court

Decided September 28, 1917PublishedCited by 51 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action against Boise City for the diversion of the waters of Boise River. Judgment for plaintiff. The legislature, in section 1 of the charter of Boise City, outlined the public or governmental functions of the city and placed public parks as falling within the class or function of one of the governmental agencies of the city. (City of Kokomo v. Loy (Ind.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action against Boise City for the diversion of the waters of Boise River. Judgment for plaintiff. The legislature, in section 1 of the charter of Boise City, outlined the public or governmental functions of the city and placed public parks as falling within the class or function of one of the governmental agencies of the city. (City of Kokomo v. Loy (Ind. App.), 110 N. E. 694; Mayor etc. of Nashville v. Burns, 131 Tenn. 281, 174 S. W. 1111, L. R. A. 1915D, 1108; Bisbing v. Asbury…

1Opinion of the CourtBudge, C. J.

This was an action for damages, alleged to have^been caused by obstructing the channel of the Boise river and thereby diverting the waters thereof on to the lands of respondent. The cause was tried by a jury, who awarded respondent $4,000 damages, for which judgment was entered. This appeal is from the judgment. No question is raised as to the sufficiency of the evidence, it being conceded by appellant that “if the legal questions raised will not defeat the action, we believe the evidence sufficient to support the verdict.”

The allegations of the complaint, so far as material, are briefly as…

Also in this document: Concurrence.

2Cases cited39 opinions

  1. Russell v. PlaceSupreme Court of the United States · 1877
  2. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  3. Hughes v. United StatesSupreme Court of the United States · 1866
  4. Rowell v. SmithWisconsin Supreme Court · 1905
  5. Hicks v. DrewCalifornia Supreme Court · 1897

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3Cited by51 opinions

  1. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  2. Henderson v. Twin Falls CountyIdaho Supreme Court · 1935
  3. Wilson v. BogertIdaho Supreme Court · 1959
  4. State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
  5. City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931

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