Verdict in Salmon River Dam Suit

Verdict in Salmon River Dam Suit

The Supreme Court of Idaho has affirmed the decision of the district court in Twin Falls county in the case of D. L. Mill and O. A. Schnitker vs. The Twin Falls-Salmon River Land & Water Company, the owners of the Salmon River dam, the canal on which it is built and other land abutting on it and necessary for its use. The company contracted with J. T. Hughes to haul cement from a distance of 7 miles from the dam. The plaintiffs were employed by Hughes to do the hauling at the rate of $2.25 a ton, which money had never been paid either by Hughes or the company. It was decided In the court as a matter of law that the former had acted as the company’s agent under the mechanics’ lien laws of the state and that the plaintiffs were entitled to a lien on the dam and adjacent property, their labor having been used and been effectual in the construction of the flam and become a part of it to the extent of changing the shape ami character of the structure in order to make it complete. Such labor and service, therefore, constitued lien on the reservoir, being clearly distinguishable trom the ease where the hauling or labor was performed without reference to the place of use of the material hauled or transferred. “As an illustration.” the decision pointed out, “the railroad company which hauled the cement from Salt Lake to Rogerson had no knowledge where the cement was to be used, or that it was to be used at a particular place or for a specific purpose. The cement was delivered by the railroad company at its own station or storage room upon its own property, and not to the users of the material. It follows that it would not be entitled to a lien. But Hill and Schnitker knew where the cement was to be used, and their labors were in delivering it for that specific use and at the place and for the purpose for which the services were rendered.”

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