Adams v. Bunker Hill & Sullivan Mining Co.
Idaho Supreme Court
APPEAL from District Court of the First Judicial District for Shoshone county. Hon. Ralph T. Morgan, Judge. Plaintiffs commenced their action to recover $40,000 damages for the loss of life of the husband and father. At the close of the evidence for plaintiffs a motion for nonsuit was sustained and judgment for costs against plaintiffs. The appeal is from an order overruling a motion for a new trial.
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APPEAL from District Court of the First Judicial District for Shoshone county. Hon. Ralph T. Morgan, Judge. Plaintiffs commenced their action to recover $40,000 damages for the loss of life of the husband and father. At the close of the evidence for plaintiffs a motion for nonsuit was sustained and judgment for costs against plaintiffs. The appeal is from an order overruling a motion for a new trial. The instinct of self-preservation and the disposition of men to avoid personal harm re-enforce an inference that a person killed or injured was in the exercise of ordinary care. (16 Cye. of L. &…
1Opinion of the CourtStockslager, C. J.
Plaintiffs commenced their action in the district court of Shoshone county, alleging the death of Richard Adams on the thirtieth day of November, 1902, while in the employ of defendant corporation, and that his death was the result of the faulty construction and operation of a certain belt used for conveying the ore in the mill or concentrator of defendant, and the careless and negligent *641use of such belt. It is alleged that said Richard Adams was the husband of plaintiff, Emma Adams, and the father of Ellen C. Adams and Virgil F. Adams, minors. The prayer of the complaint is for $40,000 and…
2Cases cited1 opinion
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