Boise City v. Boise Rapid Transit Co.

Citations

• 6 Idaho 779
• 59 P. 716
• 1899 Ida. LEXIS 73

Syllabus

<p>Charter op Boise City — Power to Declare What is, and to Abate) Nuisance. — By the charter of Boise City the mayor and common council are empowered to declare what is a nuisance, and are empowered to abate a nuisance.</p> <p>Ditch — Extension op Streets Over. — When a ditch is constructed over public land and thereafter such land is entered by the probate judge as a townsite, and streets are laid out across such ditch, and in the course of time it becomes necessary to bridge such ditch for the reasonable use of the street by the public, it is the duty of the owners to construct such bridge at their own expense.</p> <p>Obstruction op Street- — Owner op Property. — The ownership of prop' erty is held subject to the restriction that it must be so used as not to injure others, or obstruct the free use of a street.</p> <p>Duty op Owner to Bridge Ditch — Public Nuisance. — The city having extended its limits and platted its streets across said ditch, the owner thereof must bridge the same, at his own expense, whenever such ditch obstructs the free passage or use of such streets. If it fails to do so, the ditch becomes a public nuisance, and may be bridged by the city, at the expense of the owner.</p> <p>(Syllabus by the court.)</p>