Rogers v. Oregon-Washington Railroad & Navigation Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Action for damages. Judgment for plaintiff. . “Whenever a nuisance is of such a character that its continuance is necessarily an injury and when it is of a permanent character, that will continue without change from any cause but human labor, then the damage is an original damage, and may be at once fully compensated.” (Troy v. Cheshire B. Co., 23 N. H. 83, 55 Am.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Action for damages. Judgment for plaintiff. . “Whenever a nuisance is of such a character that its continuance is necessarily an injury and when it is of a permanent character, that will continue without change from any cause but human labor, then the damage is an original damage, and may be at once fully compensated.” (Troy v. Cheshire B. Co., 23 N. H. 83, 55 Am. Dec. 177; Powers v. Council Bluffs, 45 Iowa, 652, 24 Am. Rep. 792; StodghiU v. C. B. <& Q. B. Co., 53 Iowa, 341, 5 N. W.…
1Opinion of the CourtBudge, J.
Respondent, as administrator of the estate of Joseph Papineau, deceased, began this action in the district court to recover damages to a tract of land near Cataldo, alleged to have been suffered during the high water of June, 1913.
The complaint alleges that at the time appellant’s predecessor constructed its railway, it built a long bridge across the Coeur d’Alene river about opposite the lands of respondent; that at that time there existed in the Coeur d’Alene river, at that place, two channels, the southerly one being what is known as the main channel and the northerly one being partially…
2Cases cited27 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Despain v. DespainIdaho Supreme Court · 1956
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1934
- Denton v. DetweilerIdaho Supreme Court · 1929
8 more not listed; retrieve them via the Exa API.