Keim v. Gilmore & Pittsburg R. R. Co.
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Lemhi County. Hon. J. M. Stevens, Judge. Action for damages for personal injuries. Judgment for plaintiff. Defendant appealed. The rule of the majority of cases is that where the plaintiff is a trespasser or a mere licensee, the company is liable only for wantonness or wilful negligence.
Read the full summary
APPEAL from the District Court of the Sixth Judicial District for Lemhi County. Hon. J. M. Stevens, Judge. Action for damages for personal injuries. Judgment for plaintiff. Defendant appealed. The rule of the majority of cases is that where the plaintiff is a trespasser or a mere licensee, the company is liable only for wantonness or wilful negligence. This court does not approve that rule; but as some of those cases may be referred to in argument by way of comparison, we cite the following: Gillis v. Pennsylvania B. Co., 59 Pa. 129, 98 Am. Dee. 317; Philadelphia & B. Go. v. Hummell, 44 Pa.…
1Opinion of the CourtAilshie, C. J.
— This is an appeal from a judgment awarding respondent $10,000 damages. The respondent was injured by á moving train on appellant’s road. The accident *516occurred on the station grounds at the town of Leadore on about the 28th of August, 1911. Keim, the respondent, lived at the village of Junction, which is about one mile distant from the depot at Leadore. On the morning that the accident occurred, respondent left his home and went over to a meat market on Galena street, which is a short distance south of the depot in Leadore. After he got through at the meat market he started home, and it was…
2Cases cited6 opinions
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Illinois Central Railroad v. DickCourt of Appeals of Kentucky · 1891
- Gurley v. O'DwyerMissouri Court of Appeals · 1895
- Johnson v. FraserIdaho Supreme Court · 1888
- Morrison v. OvertonSupreme Court of Iowa · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Geist v. MooreIdaho Supreme Court · 1937
- Marland Refining Co. v. DuffySupreme Court of Oklahoma · 1923
- Mason Ex Rel. Mason v. Hillsdale Highway DistrictIdaho Supreme Court · 1944
- Reardon v. Union Pacific RailroadIdaho Supreme Court · 1970
- Osier v. Consumers Co.Idaho Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.