Osier v. Consumers Co.

This cause was here before and reversed. (Osier v. Consumers Co., 41 Ida. 268, 239 Pac. 735.) This appeal is from the judgment entered on the retrial, upon certain instructions given and refused and that the verdict is so excessive as to show passion and prejudice. The facts herein are quite similar to those set forth in Osier v. Consumers Co., supra, damages being awarded herein in a greater sum than formerly.

Appellant contends that the following instruction:

“You are instructed that a person has a right to walk along a path, sidewalk or highway ordinarily or customarily traveled by…