Staab v. Rocky Mountain Bell Telephone Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. Judgment for the plaintiffs and defendant appealed. The plaintiff must show that the alleged negligence was the proximate cause of the injury, and this fact cannot be presumed through inference or conjecture.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. Judgment for the plaintiffs and defendant appealed. The plaintiff must show that the alleged negligence was the proximate cause of the injury, and this fact cannot be presumed through inference or conjecture. (Elliott v. Alleghany Light Co., 204 Pa. 568, 54 Atl. 278.) The verdict should have been directed for the defendant, as there was no evidence of the cause of death, and the cause could only be inferred by conjecture. (McDonald v. Edison Illuminating Co., 208…
1Opinion of the CourtAilshie, C. J.
— This action was prosecuted by the widow and minor children of Walter R. Grove, deceased, for the recovery of damages sustained on account of his death.' Verdict was rendered and judgment entered for the aggregate sum of $15,000, $3,000 in favor of the widow, $5,500 in favor of Mary L. Grove, and $6,500 in favor of Alice C. Grove. The defendants appealed.
The action was commenced against the Rocky Mountain Bell Telephone Co. and the Idaho-Oregon Light & Power Co. A motion was subsequently made to require the plaintiffs to elect as to which company they would proceed against and the plaintiffs…
2Cases cited10 opinions
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Eaton v. City of WeiserIdaho Supreme Court · 1906
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3Cited by17 opinions
- Hooton v. City of BurleyIdaho Supreme Court · 1950
- Dwight Mfg. Co. v. WordSupreme Court of Alabama · 1917
- Geist v. MooreIdaho Supreme Court · 1937
- Department of Finance v. Union Pacific RailroadIdaho Supreme Court · 1940
- Toney v. Interstate Power Co.Supreme Court of Iowa · 1917
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