Rawson-Works Lumber Co. v. Richardson

• Decision Date: 08 May 1914
• Citation: 26 Idaho 37,141 P. 74
• Parties: RAWSON--WORKS LUMBER CO., a Corporation, Appellant, v. WALKER RICHARDSON et al., Respondents
• Court: Idaho Supreme Court

141 P. 74

26 Idaho 37

RAWSON--WORKS LUMBER CO., a Corporation, Appellant, v. WALKER RICHARDSON et al., Respondents

Supreme Court of Idaho

May 8, 1914

McNamee & Harn and W. N. Scales, for Respondent Richardson. A. S. Hardy, for Respondent Wagner.

The matter of costs was not especially presented to the court and the decision was made without argument thereon and contrary to the rule of this court heretofore adopted in cases for condemnation of property under the laws of eminent domain. (Portneuf-Marsh Valley Irr. Co. v. Portneuf Irr. Co., 19 Idaho 492, 114 P. 19; approved in Oregon R. & Navigation Co. v. Taffe, 67 Ore. 102, 135 P. 515; see, also, cases cited therein.)

AILSHIE, C. J. Sullivan, J., concurs.

OPINION

AILSHIE, C. J.

A petition for rehearing on the question of taxation of costs has been filed, and the appellant has filed a cost bill and respondents have moved to strike the cost bill from the files. When the original opinion was filed in this case, the court in awarding costs overlooked the fact that this was a suit in condemnation, and that under such circumstances the condemnor should be required to pay all costs of the proceeding. It has been established by the decisions of this court and is well supported by the principles of justice and the constitution that the condemnor must pay just compensation for the property taken and must pay all costs necessarily incurred in the condemnation proceedings. (Portneuf-Marsh Valley Irr. Co. v. Portneuf Irr. Co., 19 Idaho 483, 114 P. 19, and Washington Water Power Co. v. Waters, 19 Idaho 595, 115 P. 682. See, also, Oregon R. & Navigation Co. v. Taffe 67 Ore. 102, 135 P. 515.)

The original opinion filed herein will therefore be modified so as to require the appellant to pay all costs both in the trial court and the cost of appeal. Appellant's cost bill will be stricken from the files.

Sullivan, J., concurs.