Stufflebeam v. Montgomery

Citations

• 3 Idaho 20
• 26 P. 125
• 1891 Ida. LEXIS 10

Syllabus

<p>Public Nuisance — Bill of Exceptions — Special Damages. — If a bill of exceptions is presented for settlement after the trial of the cause, and is certified to as correct by respondent’s attorneys, and such bill is thereafter settled by the judge and used on the hearing of the motion for a new trial, it is too late for the respondents to raise the objection, for the first time in this court, that such bill was not settled in time.</p> <p>Obstruction of Public Street — Public and Private Nuisance Distinguished — Special Damages. — To maintain an action for special damages, caused by an obstruction of a public street, constituting a public nuisance, a plaintiff must allege in his complaint and establish facts showing that he has sustained special damages of a different kind and character than the damages sustained by the public.</p> <p>(Syllabus by the court.)</p>