NICOLAUS v. BODINE

No. 10226.

448 P.2d 645 (1968)

92 Idaho 639

E.H. NICOLAUS, Robert E. Sanner, Charles H. Wilson, and others, Plaintiffs-Respondents, v. Roy BODINE, Manuel Schneidmiller and William Cranston, Individually and as purported Commissioners; and Post Falls Road District, a public corporation of the State of Idaho, Defendants-Appellants.

Supreme Court of Idaho.

December 12, 1968.


Attorney(s) appearing for the Case

Hawkins & McCabe, Coeur d'Alene, for appellants.

Scott W. Reed, Coeur d'Alene, for respondents.


SPEAR, Justice.

The issue presented is whether a Road District is obligated to repair an unsafe bridge within its jurisdiction when said bridge has not been properly abandoned. Our conclusion is that the bridge must be repaired.

This is a class action by plaintiffs, residents of the south side of the Spokane River in the Post Falls Road District. The defendants are commissioners of the district. On September 5, 1967, a written petition was presented to the...

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