Fleming v. Benson
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James B. Bothwell, Presiding Judge. Action for damages. Judgment for plaintiff. Appeal from an order denying a motion for a new trial. A judgment will not be reversed where the evidence is conflicting and there is substantial evidence to support the verdict of the jury. (Gumaer v. White Pine Lhr. Go., 11 Ida. 591, 83 Pae. 771; Just v. Idaho Canal etc. Co., 16 Ida. 639, 133 Am.
Read the full summary
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James B. Bothwell, Presiding Judge. Action for damages. Judgment for plaintiff. Appeal from an order denying a motion for a new trial. A judgment will not be reversed where the evidence is conflicting and there is substantial evidence to support the verdict of the jury. (Gumaer v. White Pine Lhr. Go., 11 Ida. 591, 83 Pae. 771; Just v. Idaho Canal etc. Co., 16 Ida. 639, 133 Am. St. 140, 102 Pac. 381; Quayle v. Beam, 17 Ida. 545, 106 Pac. 610; Friedrich v. Donahue, 20 Ida. 92, 116 Pac., 1029; McMahon v.…
1Opinion of the CourtMobq-An, J.
The record in this case is in the same condition as is that in case of Smith v. Benson, ante, p. 99, 178 Pac. 480. Upon authority of that ease, and cases therein cited, this appeal is dismissed. Costs are awarded to respondent.
Budge, C. J., and Bice, J., concur.
on application to reinstate appeal,
MOBGAN, C. J.
An application to reinstate this appeal, in the nature of a suggestion of diminution of the record, accompanied by a sufficient showing and proper certificate, has been filed by appellant and the appeal has been reinstated.
This action was commenced for the purpose of recovering damages,…
2Cases cited3 opinions
- Smith v. BensonIdaho Supreme Court · 1918
- Ross v. KerrIdaho Supreme Court · 1917
- Chandler v. LittleIdaho Supreme Court · 1917
3Cited by6 opinions
- State v. SnoderlyIdaho Supreme Court · 1940
- Clifford v. LakeIdaho Supreme Court · 1920
- Black v. BlackIdaho Supreme Court · 1920
- Kirk v. MadareitaIdaho Supreme Court · 1919
- Pickerd v. DahlIdaho Supreme Court · 1942
1 more not listed; retrieve them via the Exa API.