McGuire v. Post Falls Lumber & Manufacturing Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action for damages on account of injuries to and destruction of personal property. Judgment for plaintiff. Defendant appealed. Pritchard creek was, a navigable stream for the floating of logs. Defendant had a perfect right to drive said stream, exercising due care in the floating of logs in said stream. {Idaho Northern B. Go. v. Post Falls Lbr.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action for damages on account of injuries to and destruction of personal property. Judgment for plaintiff. Defendant appealed. Pritchard creek was, a navigable stream for the floating of logs. Defendant had a perfect right to drive said stream, exercising due care in the floating of logs in said stream. {Idaho Northern B. Go. v. Post Falls Lbr. Co., 20 Ida. 705, 119 Pac. 1098.) “Where the verdict is manifestly against the overwhelming weight of the evidence, so as to suggest that it was…
1Opinion of the CourtAilshie, C. J.
— Respondent obtained a judgment in the lower court for $2,250, as damages sustained on account of appellant allowing logs that it was floating down Pritchard creek in Shoshone county to pile up and cause a jam and dam the stream, and thereby wash out and destroy respondent’s ditch and flume and sawmill. Respondent’s mill is situated near Pritchard creek, and he had a ditch about 1,800 ft. long taking water from Pritchard creek 'and dropping it into the pond near his mill. From the pond the water was carried by means of a flume a distance of 560 ft. to respondent’s mill. During the high-water…
2Cases cited8 opinions
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Young v. Extension Ditch Co.Idaho Supreme Court · 1907
- Western Maryland Railroad v. MartinCourt of Appeals of Maryland · 1909
- McClure v. City of Broken BowNebraska Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Klam v. KoppelIdaho Supreme Court · 1941
- Chicago, R. I. & G. Ry. Co. v. ZumwaltTexas Commission of Appeals · 1922
- Skaggs Drug Centers, Inc. v. City of Idaho FallsIdaho Supreme Court · 1965
- Vancil v. AndersonIdaho Supreme Court · 1951
- Rhodes v. Firestone Tire & Rubber Co.California Court of Appeal · 1921
13 more not listed; retrieve them via the Exa API.