evidence supports instruction (Idaho) · Go Syfert
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evidence supports instruction in Idaho

11 Idaho opinions name it 2 courts 1956–2020 0 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State v. Howleygreen
idaho · 1996 · cited in 4 Idaho opinions naming this issue, 1997–2001
2 sentences

2001Standard of Review “The question of whether a reasonable view of the evidence supports an instruction to the jury is a matter left within the discretion of the trial court.” State v. Bush, 131 Idaho 22, 32 , 951 P.2d 1249, 1259 (1997); State v. Howley, 128 Idaho 874, 878 , 920 P.2d 391, 395 (1996).

2001Standard of Review “The question of whether a reasonable view of the evidence supports an instruction to the jury is a matter left within the discretion of the trial court.” State v. Bush, 131 Idaho 22, 32 , 951 P.2d 1249, 1259 (1997); State v. Howley, 128 Idaho 874, 878 , 920 P.2d 391, 395 (1996).

44
State v. Bowersgreen
idaho · 1998 · cited in 2 Idaho opinions naming this issue, 2001–2015
2 sentences

2015State v. Bowers, 131 Idaho 639, 640 , 962 P.2d 1023, 1024 (1998); Eby, 136 Idaho at 539-40 , 37 P.3d at 630-31 .

2015State v. Bowers, 131 Idaho 639, 640 , 962 P.2d 1023, 1024 (1998); Eby, 136 Idaho at 539-40 , 37 P.3d at 630-31 .

22
State v. Bushgreen
idaho · 1997 · cited in 2 Idaho opinions naming this issue, 2000–2001
2 sentences

2001Standard of Review “The question of whether a reasonable view of the evidence supports an instruction to the jury is a matter left within the discretion of the trial court.” State v. Bush, 131 Idaho 22, 32 , 951 P.2d 1249, 1259 (1997); State v. Howley, 128 Idaho 874, 878 , 920 P.2d 391, 395 (1996).

2001Standard of Review “The question of whether a reasonable view of the evidence supports an instruction to the jury is a matter left within the discretion of the trial court.” State v. Bush, 131 Idaho 22, 32 , 951 P.2d 1249, 1259 (1997); State v. Howley, 128 Idaho 874, 878 , 920 P.2d 391, 395 (1996).

12
State v. Elisongreen
idaho · 2001 · cited in 1 Idaho opinions naming this issue, 2020–2020
2 sentences

2020State v. Elison, 135 Idaho 546, 552 , 21 P.3d 483, 489 (2001).

2020State v. Elison, 135 Idaho 546, 552 , 21 P.3d 483, 489 (2001).

11
State v. Humpherysgreen
idaho · 2000 · cited in 1 Idaho opinions naming this issue, 2001–2001
2 sentences

2001This Court exercises free review when determining “whether jury instructions fairly and adequately present the issues and state the applicable law.” State v. Humpherys, 134 Idaho 657, 659 , 8 P.3d 652, 654 (2000); Bush, 131 Idaho at 32 , 951 P.2d at 1259 .

2001This Court exercises free review when determining “whether jury instructions fairly and adequately present the issues and state the applicable law.” State v. Humpherys, 134 Idaho 657, 659 , 8 P.3d 652, 654 (2000); Bush, 131 Idaho at 32 , 951 P.2d at 1259 .

11
Woodland v. Lyongreen
idaho · 1956 · cited in 1 Idaho opinions naming this issue, 1993–1993
2 sentences

1993On appeal the Court held: The tort herein alleged is not a single wrong, but a continuing one, and appellant may, if the evidence supports his claim, recover for all injuries occurring within the statutory period, even though the obstruction occurred more than four years before the complaint was filed. 78 Idaho at 83 , 298 P.2d at 381 .

1993On appeal the Court held: The tort herein alleged is not a single wrong, but a continuing one, and appellant may, if the evidence supports his claim, recover for all injuries occurring within the statutory period, even though the obstruction occurred more than four years before the complaint was filed. 78 Idaho at 83 , 298 P.2d at 381 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Matter of Jenkins green
idaho · 1995
2 sentences

1996Id.

1996Id.

21996–1996
State v. Eby green
idahoctapp · 2001
2 sentences

2015State v. Bowers, 131 Idaho 639, 640 , 962 P.2d 1023, 1024 (1998); Eby, 136 Idaho at 539-40 , 37 P.3d at 630-31 .

2015State v. Bowers, 131 Idaho 639, 640 , 962 P.2d 1023, 1024 (1998); Eby, 136 Idaho at 539-40 , 37 P.3d at 630-31 .

12015–2015
Wong Nin v. City and County green
haw · 1935
1 sentence

1956In 56 Am.Jur., Waters, sec. 363, p. 793, it is stated: “ * * * A continuing diversion of water from a watercourse to the injury of lower proprietors has been held to be a continuing trespass or nuisance for which damages may be recovered for all injuries occurring within the period of limitations prior to the institution of the action. * * * ” See also Wong Nin v. City and County of Honolulu, 33 Haw. 379 ; Wagner v. Purity Water Co., 241 Pa. 328 , 88 A. 484 , L.R.A. 1916E, 981 .

11956–1956
Severe v. Gooding neutral
idaho · 1927
2 sentences

1956Severe v. Gooding, 43 Idaho 755 , 254 P. 1054 . *83 The tort herein alleged is not a single wrong, but a continuing one, and appellant may, if the evidence supports his claim, recover for all injuries occurring within the statutory period, even though the obstruction occurred more than four years before the complaint was filed.

1956Severe v. Gooding, 43 Idaho 755 , 254 P. 1054 . *83 The tort herein alleged is not a single wrong, but a continuing one, and appellant may, if the evidence supports his claim, recover for all injuries occurring within the statutory period, even though the obstruction occurred more than four years before the complaint was filed.

11956–1956
Wagner v. Purity Water Co. green
pa · 1913
2 sentences

1956In 56 Am.Jur., Waters, sec. 363, p. 793, it is stated: “ * * * A continuing diversion of water from a watercourse to the injury of lower proprietors has been held to be a continuing trespass or nuisance for which damages may be recovered for all injuries occurring within the period of limitations prior to the institution of the action. * * * ” See also Wong Nin v. City and County of Honolulu, 33 Haw. 379 ; Wagner v. Purity Water Co., 241 Pa. 328 , 88 A. 484 , L.R.A. 1916E, 981 .

1956In 56 Am.Jur., Waters, sec. 363, p. 793, it is stated: “ * * * A continuing diversion of water from a watercourse to the injury of lower proprietors has been held to be a continuing trespass or nuisance for which damages may be recovered for all injuries occurring within the period of limitations prior to the institution of the action. * * * ” See also Wong Nin v. City and County of Honolulu, 33 Haw. 379 ; Wagner v. Purity Water Co., 241 Pa. 328 , 88 A. 484 , L.R.A. 1916E, 981 .

11956–1956

Where else courts name it

NY 44 (1983–2023) TX 39 (1885–2026) IN 30 (1983–2019) CA 29 (1948–2024) MI 28 (1982–2026) AZ 25 (1970–2025) TN 24 (1999–2025) WA 23 (1993–2022) NC 17 (1976–2023) IL 15 (1921–2025) OH 13 (1999–2026) MS 13 (2005–2025) MO 13 (1917–2024) ID 11 (1956–2020) CO 8 (1983–2025) FL 8 (1970–2016) PA 7 (1981–2025) OK 5 (1973–2016) AL 5 (2000–2015) NM 5 (1989–2019) ND 4 (1988–2013) MA 4 (1975–2017) VT 4 (2006–2026) WY 3 (1998–2010) CT 3 (1980–2002) GA 3 (1978–2005) UT 3 (1986–2026) MN 3 (1987–2025) LA 2 (2019–2019) NE 2 (1938–2007) WI 2 (1992–1992) SD 2 (2016–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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