Taylor v. Sommers Bros. Match
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action to recover damages for negligently burning timber on plaintiffs’ land. Judgment for plaintiffs and defendant appeals. There is no difference in principle between a wilful cutting and a destruction by reason of negligence. Negligent destruction does not change the right of recovery. (Knapp v. Alexander-Edgar Lumber Go., 237 U. S. 162, 35 Sup.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action to recover damages for negligently burning timber on plaintiffs’ land. Judgment for plaintiffs and defendant appeals. There is no difference in principle between a wilful cutting and a destruction by reason of negligence. Negligent destruction does not change the right of recovery. (Knapp v. Alexander-Edgar Lumber Go., 237 U. S. 162, 35 Sup. Ct. 515, 59 L. ed. 895.) Until the homestead entryman or pre-emptor has complied with the law of the United States relating to such…
1Opinion of the CourtLee, J.
This action was commenced in the eighth judicial district court, in and for Bonner county, by J. W. Taylor and Mattie Taylor, his wife, to recover damages in trespass for alleged negligence of appellant corporation in causing, permitting and suffering fire to originate and be kindled upon its premises, and in negligently failing to prevent such fire from being communicated to adjoining premises, whereby timber belonging to respondents was destroyed.
The complaint alleges that on September 12, 1916, respondent J. W. Taylor made a homestead entry upon the SE. 14 of Sec. 24, Twp. 33 N., R. 42 E.,…
2Cases cited47 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Stone v. United StatesSupreme Court of the United States · 1897
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- Shiver v. United StatesSupreme Court of the United States · 1895
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3Cited by3 opinions
- Laslie v. Gragg Lumber Co.Supreme Court of Georgia · 1937
- Banbury v. BrailsfordIdaho Supreme Court · 1945
- Banbury v. BrailsfordIdaho Supreme Court · 1945