Wilson v. Boise City

Citations

• 6 Idaho 391
• 55 P. 887
• 1899 Ida. LEXIS 2

Syllabus

<p>Diverting Water of a Natural Stream — Liability of City. — The waters of a natural stream flowed, through the city, crossing ten streets therein, and, during high waters, flooded the streets, injuring them to the damage of the city. To avoid such injury, the city constructed an artificial canal, and diverted the waters of said stream therein; the canal was not of size sufficient to convey the waters of said stream, and overflowed and injured plaintiff’s lands. Held, that the city was liable to plaintiff in damages, in being beneficially interested in the change of the course of a natural stream, and negligent in not constructing the canal of size sufficient to carry the waters of said stream at all times and in quantities that might be reasonably anticipated.</p> <p>Grant of Power — Authority.—A grant of power carries with it authority to do those things necessary to the exercise of the power granted.</p> <p>Artificial Waterway — Must be Kept in Kepair by Party Constructing it. — One who purchases land and improves the same on the line of an artificial waterway constructed by a municipal corporation may well rely upon such municipal corporation to perform the duty that it is under, of keeping such artificial waterway in repair and condition to carry all of the waters that may flow therein from usual and ordinary causes, and may recover damages received by the negligent flooding of his lands by waters from such artificial waterway.</p> <p>(Syllabus by the court.)</p>