McClain ex rel. McClain v. Lewiston Interstate Fair & Racing Ass'n
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action to recover damages for personal injuries. Judgment for plaintiff. Defendants appeal. The complaint is ambiguous, uncertain and unintelligible in that it does not state where the accident occurred — ■ whether in the state of Washington or state of Idaho.
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APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action to recover damages for personal injuries. Judgment for plaintiff. Defendants appeal. The complaint is ambiguous, uncertain and unintelligible in that it does not state where the accident occurred — ■ whether in the state of Washington or state of Idaho. The defendants were entitled to have the complaint made definite and certain upon this point, for the reason that if the accident alleged occurred in a state where a statute gave one remedy and the state of Idaho…
1Opinion of the CourtStewart, J.
— This is an action to recover damages for an injury sustained by the plaintiff, alleged to have occurred while plaintiff was riding a racehorse in a race, at the Lewis-ton Interstate Fair and Racing Association, by the horse coming in contact with a large greyhound, alleged to belong to John P. Yollmer and Genevieve Yollmer, and which was under the care and custody of the defendant, Norman Yollmer.
The cause was tried to a jury and at the close of the plaintiff’s case, on motion, the action was nonsuited as to the defendant, John P. Vollmer, and a verdict returned against the defendants,…
2Cases cited8 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- State v. ThumIdaho Supreme Court · 1898
- Decker v. GammonSupreme Judicial Court of Maine · 1857
- Chunot v. LarsonWisconsin Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. CypherIdaho Supreme Court · 1968
- State v. SandovalIdaho Supreme Court · 1969
- State v. HerrIdaho Supreme Court · 1976
- Barber v. HochstrasserSupreme Court of New Jersey · 1947
- McCarthy v. DaunisSupreme Court of Connecticut · 1933
25 more not listed; retrieve them via the Exa API.