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Harker v. Seawell

A. J. HARKER v. LESTER C. SEAWELL

Harker v. Seawell, 206 P. 812 (Idaho 1922)
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Court
Idaho Supreme Court · State Highest Courts
Decided
April 29, 1922
Judges
Dunn, McCarthy, Rice
Citations
206 P. 81235 Idaho 4571922 Ida. LEXIS 55
Disposition
Reversed.
Headnotes
Trefass — Injury to Growing Grass — Action—Party in Possession Dnder Claim of Eight — Verdict not Supported by Evidence. 1. As against a mere tort-feasor, actual possession of land, under a claim of right, is sufficient to maintain an aetion of trespass for injury to growing grass and crops. 2. On appeal from a judgment, if the evidence is insufficient to support the verdiet, judgment will be reversed. Publisher’s Note. 1. Possession of land under color of title as giving one right to maintain action against mere trespasser, see notes in 4 Ann. Cas. 190; Ann. Cas. 1915D, 37; 30 L. E. A., N. S., 243.
Summary
APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. B. S. Varían, Judge. Aetion for trespass. From judgment for plaintiff, defendant appeals. O. M. Van Duyn and Frank T. Wyman, for Appellant. The measure of damages for trespass upon plaintiff’s close by livestock that ate the grass and pasturage is the value of the grass and pasturage at the time of the trespass. (17 C. J. 893; Risse v. Collins, 12 Ida. 689, 87 Pae. 1006; Coa> v. Creme Creek Sheep Co., 34 Ida. 327, 200 Pae. 678.)

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dunn

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DUNN, J.

This action was brought by respondent to recover damages resulting from a trespass by appellant in grazing certain sheep on the land of respondent and to ob *458 tain an injunction restraining appellant from further trespass.

Although shown to be in actual possession of the lands in controversy, respondent failed to show that, as to all of the land in controversy, he was either the owner or entitled to the possession thereof. Appellant éontends that there can be no right of recovery unless respondent shbws either ownership or right of possession of the land. In this appellant is in error. He is a trespasser and as against him simple possession under a claim of right is sufficient to support the action. In the case of Sanson v. Seawell, ante, p. 92, 204 Pac. 660 , this court said: “As against a mere tort-feasor, actual possession of land, under a claim of right is sufficient to maintain trespass,” citing numerous cases.

We have' examined the record with care and while we find respondent to have suffered damage at the hands of appellant, the evidence is insufficient to support the verdict for $600. The judgment is therefore reversed, with costs to appellant.

Rice, C. J., and McCarthy, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1932: 119322026peak 1932 · 1

Relies on it most ⓘ

  1. Clark v. Utah Construction Co.8 P.2d 454 (Idaho 1932)

Most recent

  1. Clark v. Utah Construction Co.8 P.2d 454 (Idaho 1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hanson v. Seawell, 204 P. 660 (Idaho 1922) 7

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