Small v. Harrington

Citations

• 10 Idaho 499
• 79 P. 461
• 1904 Ida. LEXIS 59

Syllabus

<p>Hole fob Admission of Evidence in Equity Oases — Nuisance m Navigable Stream May be Abated at Suit of Private Citizen — ■ Acquittal on Charge of Maintaining Nuisances No Bar to Civil Action — Amendments to Pleadings Discretionary — Non-suit not Granted When — Sufficiency of Evidence to Support Judgment.</p> <p>1. In tbe trial of equity cases the court is not confined to the strict rules prescribed for the admission of evidence in law cases.</p> <p>•2.'An action may be maintained by a private citizen to restrain the construction of a nuisance in the navigable streams of this state, under the provisions of section 3633, Revised Statutes.</p> <p>3. The trial and acquittal of a party charged with the construction of a nuisance in a navigable stream of this state by a jury in justice’s court is no bar to a civil action to restrain the completion of the alleged nuisance.</p> <p>4. Amendments to pleadings at any stage of the proceedings are largely within the sound discretion of the trial court.</p> <p>5. A motion for nonsuit should be denied unless the evidence wholly fails to establish a right of recovery.</p> <p>6. In equity cases the appellate court will examine the evidence with a view to sustain the trial court in its findings and judgment, but will reverse the judgment if the evidence is insufficient to sustain it.</p> <p>(Syllabus by the court.)</p>