Fleenor v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for the County of Canyon. Hon. Ed. L. Bryan, Judge. Action by the plaintiff for damages caused by defendant company running over and killing plaintiff's intestate husband. Judgment for the plaintiff and defendant appealed.
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APPEAL from the District Court of the Seventh Judicial District, for the County of Canyon. Hon. Ed. L. Bryan, Judge. Action by the plaintiff for damages caused by defendant company running over and killing plaintiff's intestate husband. Judgment for the plaintiff and defendant appealed. Failure to sound a bell or whistle, failure to have a headlight on the-engine, and failure to have a watchman at the crossing are alleged as concurring acts of negligence; in such ease the rule is that plaintiff cannot recover on proof of either act, but must prove the concurring acts. (Wormsdorf v. Detroit…
1Opinion of the CourtAilshie, J.
The respondent, Addie Fleenor, as administratrix of the estate of Henry C. Fleenor, deceased, obtained a judgment against the appellant in the district court for the sum of $1,999, as damages for causing the death of *787her husband. This appeal is from the judgment and order denying a motion for a new trial.
The appellant contends that the court erred in refusing to give a peremptory instruction to the jury to return a verdict in favor of defendant. The first contention made in support of this assignment of error is that the evidence fails to show that Henry C.' Fleenor was on a public crossing…
2Cases cited54 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
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