Dunn v. Boise City

During the trial of this action, brought to recover damages for the flooding of appellant’s property and that of his assignor, one Baker, by the breaking of an artificial waterway constructed by Boise City, the court refused to admit evidence in support of the allegations of the complaint “unless preceded by notice in compliance with C. S., sec. 3847.” Appellant thereupon offered in evidence claims filed in compliance with the statute, but an objection to their admission was sustained. Refusing an amendment to the complaint and denying certain offers of proof, the court made and entered a…