Blackwell Lumber Co. v. Empire Mill Co.
Idaho Supreme Court
APPEAL from tbe District Court of the First 'Judicial District for Shoshone County. Honorable John M. Flynn, Acting Judge. Action to condemn strip of land for right of way through defendant’s property for temporary logging railroad. Judgment for plaintiff. At common law, permanent improvements placed upon land of another by one having no interest or title therein and without the owner’s consent become part of the realty.
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APPEAL from tbe District Court of the First 'Judicial District for Shoshone County. Honorable John M. Flynn, Acting Judge. Action to condemn strip of land for right of way through defendant’s property for temporary logging railroad. Judgment for plaintiff. At common law, permanent improvements placed upon land of another by one having no interest or title therein and without the owner’s consent become part of the realty. (22 Cyc. 7.) This common-law rule has not been changed or modified by any law or statute in Idaho as applying to a trespasser. (Batterton v. Douglas Min. Co., 20 Ida. 760,…
1Opinion of the CourtBudge, J.
This ease has been before this court on three prior occasions, and will be found reported in 27 Ida. 400, 149 Pac. 505, 28 Ida. 556, 155 Pac. 680, and 29 Ida. 236, 158 Pac. 793. In the interest of brevity we will limit ourselves, so far as practicable, to the questions involved upon this appeal. An investigation of the above authorities will elicit a history of the case from its inception. However, at this point it may be well to call attention to the fact that this court has heretofore held that the lumbering industry of this state is one of its material resources, which can not be…
2Cases cited22 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Secombe v. Railroad Co.Supreme Court of the United States · 1874
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
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