Tipsword v. Potter
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action for damages for personal injuries. Mere occupancy of the property of another is not in itself sufficient to create a tenancy.
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APPEAL from tbe District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action for damages for personal injuries. Mere occupancy of the property of another is not in itself sufficient to create a tenancy. (24 Cyc. 882.) Where a person is hired to do a certain work at a stipulated price, and is allowed the permission to occupy a room so long as he remained in the defendant’s employ, the employer has the right to terminate the employment and to forcibly eject the employee from the room. {Be Briar v. Minium, 1 Cal. 450; Bou/rland v. McEmghi, 79 Ark. 427, 96 S.…
1Opinion of the CourtBudge, C. J.
Respondent brought this action for damages for personal injuries alleged to have resulted from an assault and battery upon him by appellants. The answer denied the material allegations of the complaint, and as an affirmative defense alleged that on the date in question respondent was a trespasser in a house upon premises belonging to appellant William Potter; demand was made that respondent leave the premises, whereupon he went into an adjoining room, procured a loaded rifle, made an assault upon appellant therewith and threatened and attempted to shoot him, and thereupon appellant choked…
2Cases cited22 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Davis v. WilliamsSupreme Court of Alabama · 1900
- School District No. 11 v. BatscheMichigan Supreme Court · 1895
- Chatard v. O'DonovanIndiana Supreme Court · 1881
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Penn v. HendersonOregon Supreme Court · 1944
- Wyland v. Twin Falls Canal Co.Idaho Supreme Court · 1930
- Fort Street Union Depot Co. v. HillenCourt of Appeals for the Sixth Circuit · 1941
- Miller v. Gooding Highway Dist.Idaho Supreme Court · 1935
- Cornell Steamboat Co. v. United StatesDistrict Court, S.D. New York · 1944
18 more not listed; retrieve them via the Exa API.