Palcher v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Fremont County. Hon. James G. Gwinn, Judge. Action for damages for personal injury.
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APPEAL from the District Court of the Ninth Judicial District, for Fremont County. Hon. James G. Gwinn, Judge. Action for damages for personal injury. “When damages arise from one of two causes, for one of which the defendant is responsible, and for the other of which it is not responsible, the plaintiff must fail if his evidence does not show that the damages were produced by the former cause; and he must fail also if it is just as probable that they were caused by one as the other.” (Powers v. Pere Marquette B. Go., 143 Mich. 379, 106 N. W. 1117.) And under such circumstances a verdict will…
1Opinion of the CourtBudge, C. J.
This is an action for damages alleged to have been sustained by respondent while- riding upon one of appellant’s freight trains as a trespasser on the 22d day of February, 1914. The case was tried before a jury, who returned a verdict for respondent for $2,999, upon which judgment was entered. This appeal is from the judgment.
It is alleged in the complaint: That while respondent was riding upon appellant’s freight train as a trespasser and while the train was running at a high rate of speed an employee of the company, who with other employees was in charge of the train, and who with the…
2Cases cited4 opinions
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- McAlinden v. St. Maries Hospital Ass'nIdaho Supreme Court · 1916
- Smith v. Potlatch Lumber Co.Idaho Supreme Court · 1912
- Tonkin-Clark Realty Co. v. HedgesIdaho Supreme Court · 1913
3Cited by14 opinions
- Ineas v. Union Pac. R. Co.Idaho Supreme Court · 1952
- Labonte v. DavidsonIdaho Supreme Court · 1918
- Stewart v. StewartIdaho Supreme Court · 1919
- Shaddy v. DaleyIdaho Supreme Court · 1938
- State v. DickensIdaho Supreme Court · 1948
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