Palmer v. Utah & Northern Railway Co.
Idaho Supreme Court
APPEAL from District Court, Bingham County. The procedure in death by wrongful act cases, and the particular parties to them, are subject to statutory regulation, and only the parties named in the statute can sue. ' (Hagen v. Kean, 3 Dill. 12á, Fed. Cas. No. 5899; Kramer v. Railroad Go., 25 Cal. 435; Carey v. Railroad Co., 48 Am. Dee. 635, note 4; Dye v. Dye, 11 Cal. 163.) The essential facts in every case must be averred directly, and cannot be left to inference.
Read the full summary
APPEAL from District Court, Bingham County. The procedure in death by wrongful act cases, and the particular parties to them, are subject to statutory regulation, and only the parties named in the statute can sue. ' (Hagen v. Kean, 3 Dill. 12á, Fed. Cas. No. 5899; Kramer v. Railroad Go., 25 Cal. 435; Carey v. Railroad Co., 48 Am. Dee. 635, note 4; Dye v. Dye, 11 Cal. 163.) The essential facts in every case must be averred directly, and cannot be left to inference. (Harris v. Hillegass, 54 Cal. 463; Stringer v. Davis, 30 Cal. 318.) The deceased was not a passenger, but an employee, at the time…
1Opinion of the CourtBuck, J.
This is an action brought by the plaintiffs to recover damages for the death of William O. Palmer, alleged to have been killed in Bingham county on the eleventh day of December, A. D. 1885, through the negligence of the defendant in operating the train upon which deceased was riding at the time of his death. The cause was first tried in 1886, and on appeal to tiffs court a new trial was granted: It was tried a second time, at the May term, 1887, and verdict rendered for the plaintiffs for damages in the sum of $16,702.85 and costs, *384which was reduced to $10,000 by the court as a condition upon…
2Cases cited11 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Supervisors v. KennicottSupreme Court of the United States · 1877
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Durant v. SnyderIdaho Supreme Court · 1944
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Weil v. DefenbachIdaho Supreme Court · 1922
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Havlick v. DavidsonIdaho Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.