Newman v. Great Shoshone & Twin Falls Water Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, ■ for Lincoln County. Hon. Chas. O. Stockslager, Judge. Action for damages. Judgment for plaintiff. The theory of the complaint is that the sides of the barn became charged with electricity; that the electricity passed into the barn setting it on fire. In the proof, the theory is that the fire started on the outside by reason of a spark or arc.
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APPEAL from the District Court of the Fourth Judicial District, ■ for Lincoln County. Hon. Chas. O. Stockslager, Judge. Action for damages. Judgment for plaintiff. The theory of the complaint is that the sides of the barn became charged with electricity; that the electricity passed into the barn setting it on fire. In the proof, the theory is that the fire started on the outside by reason of a spark or arc. This variance between the allegations and the proof misled the appellant to its prejudice in maintaining its defense upon the merits. The variance was a material one and the trial court…
1Opinion of the CourtMorgan, J.
This action was commenced by respondent in order to recover from appellant the sum of $1,586, in which amount, he alleged in his complaint, he was damaged by reason of the destruction of his barn and its contents, by fire, on the night of April 11, 1913, due to appellant’s carelessness and negligence. It appears that the barn in question was situated in the village of Shoshone; that it was 24 feet square and 14 feet high to the eaves; that it was constructed of 2x4 timbers covered with corrugated iron sheets, or plates, and that appellant was, at the time of its destruction, engaged in the…
2Cases cited13 opinions
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- Indianapolis, Peru & Chicago R. R. v. CollingwoodIndiana Supreme Court · 1880
- Lillstrom v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Pierstorff v. Gray's Auto ShopIdaho Supreme Court · 1937
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Manion Ex Rel. Manion v. WaybrightIdaho Supreme Court · 1938
- Watson v. Navistar International Transportation Corp.Idaho Supreme Court · 1992
- Sullivan v. Mountain States Power Co.Oregon Supreme Court · 1932
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