Hughes v. Union Pacific Railroad

I

The Idaho Supreme Court has been presented with the opportunity to remedy prejudicial trial error and at the same time clarify case law which is sorely in need of being reconsidered. It does neither.

It has been said that a chain is no stronger than its weakest link. After today, it may be said of an eight-foot link/barbed-wire security fence erected to enclose a train yard, such is no better than its missing gate. The majority does not tell the reader why the fence was erected or of the railroad company’s knowledge of school children coming in to the train yard, or for how long such has gone…