Raide v. Dollar
Idaho Supreme Court
APPEAL from the District Court of tbe First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for damages to real property. Judgment for plaintiff. The court committed prejudicial error in not requiring witnesses to qualify before receiving their testimony.
Read the full summary
APPEAL from the District Court of tbe First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for damages to real property. Judgment for plaintiff. The court committed prejudicial error in not requiring witnesses to qualify before receiving their testimony. (Jones on Evidence, sec. 363, p. 456.) “If the land is temporarily but not permanently injured, the owner is entitled to recover the amount necessary to repair the injury and put the land in the condition it was at the time immediately preceding the injury, with legal interest thereon to the time of the trial.”…
1Opinion of the CourtBudge, J.
In respondent’s complaint there are two causes of action alleged. In the second cause of action respondent sought to recover damages sustained by reason of the destruction of his dwelling-house and personal property situated therein and permanent injury to the land described in the first cause of action. The injuries complained of and sustained by respondent in his second cause of action were found upon the trial by the court to have been due to the act of God, and not to negligence or fault upon the part of appellant, but to an extraordinary flood which occurred on or about the thirtieth day…
2Cases cited4 opinions
- State ex rel. Citizens Electric Lighting & Power Co. v. LongfellowSupreme Court of Missouri · 1902
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- State ex rel. Jackson v. McDonaldSupreme Court of Minnesota · 1910
- Erdman v. Watab Rapids Power Co.Supreme Court of Minnesota · 1910
3Cited by18 opinions
- Heckman Ranches, Inc. v. State Ex Rel. Department of Public LandsIdaho Supreme Court · 1979
- State v. JurkoIdaho Supreme Court · 1926
- State v. TopeIdaho Supreme Court · 1963
- Vancil v. AndersonIdaho Supreme Court · 1951
- Driesbach v. LynchIdaho Supreme Court · 1951
13 more not listed; retrieve them via the Exa API.