Legal Opinion

Barrow v. B. R. Lewis Lumber Co.

Idaho Supreme Court

Decided April 30, 1908PublishedCited by 7 opinions

APPEAL from the District Court of First Judicial District for Kootenai County. Hon. William W. Woods, Judge. Action to recover for personal injuries. Judgment for plaintiff. The plaintiff knew the condition of the roadbed. He bad walked over it tbe day before. He was of mature years, experienced and intelligent. If there were any risks because of failure to ballast, he assumed them. (Drake v. Bailway Co., 2 Ida. 487, 21 Pac. 560; Zienke v. Northern Pacific By.

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APPEAL from the District Court of First Judicial District for Kootenai County. Hon. William W. Woods, Judge. Action to recover for personal injuries. Judgment for plaintiff. The plaintiff knew the condition of the roadbed. He bad walked over it tbe day before. He was of mature years, experienced and intelligent. If there were any risks because of failure to ballast, he assumed them. (Drake v. Bailway Co., 2 Ida. 487, 21 Pac. 560; Zienke v. Northern Pacific By. Co., 8 Ida. 65, 66 Pac. 828; Griffin v. Bailway Co., 124 Ind. 326, 24 N. E. 888; Larsson v. McClure, 95 Wis. 533, 70 N. W. 662; Bay v.…

1Opinion of the CourtSullivan, J.

This action was brought to recover for personal injuries alleged to have been sustained by reason of the negligent and careless operation of a logging train on the Idaho & Northwestern By. Co. line of road. A motion was made to strike the transcript from the files and dismiss the appeal, for the reason that the transcript was not certified as required by law. At the hearing a corrected certificate was offered and the motion was denied. Where the certificate to a transcript is defective and a motion to dismiss the appeal is made for that reason, and a correct certificate is presented and…

2Cases cited8 opinions

  1. State v. BondIdaho Supreme Court · 1906
  2. State v. CorcoranIdaho Supreme Court · 1900
  3. State v. NeilIdaho Supreme Court · 1907
  4. Stephens v. ElliottMontana Supreme Court · 1907
  5. Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wyland v. Twin Falls Canal Co.Idaho Supreme Court · 1930
  2. Rippetoe v. FeelyIdaho Supreme Court · 1911
  3. Blackfoot City Bank v. ClementsIdaho Supreme Court · 1924
  4. Steensland v. HessIdaho Supreme Court · 1913
  5. Tilden v. HubbardIdaho Supreme Court · 1913

2 more not listed; retrieve them via the Exa API.

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