Legal Opinion

Elder v. Idaho-Washington Northern Railroad

Idaho Supreme Court

Decided June 24, 1914PublishedCited by 1 opinion

APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover damages for personal injuries. Judgment of nonsuit entered at close of plaintiff’s ease. Motion for a new trial denied. Plaintiff appeals from judgment of nonsuit- and from order denying new trial.

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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover damages for personal injuries. Judgment of nonsuit entered at close of plaintiff’s ease. Motion for a new trial denied. Plaintiff appeals from judgment of nonsuit- and from order denying new trial. The court should have permitted the amended complaint to be filed and served, and in failing to do so it did not make reasonable use of a sound discretion in the premises, and its action should therefore be reversed and the amendments permitted. (Flaherty v. Butte…

1Opinion of the Court

WALTEES, District Judge.

This action has been before this court heretofore on appeal and is reported in Neil v. Idaho & W. N. R. R. Co., 22 Ida. 74, 125 Pac. 331. The cause upon such former appeal was remanded for a new trial, and during which, upon the close of plaintiff’s testimony, the defendant moved that plaintiff be nonsuited, which motion was *213by the trial court granted and judgment of such import duly entered.

Motion for new trial was made by tbe plaintiff and by the court denied, and thereupon plaintiff has prosecuted an appeal from the judgment of nonsuit and dismissal and from said…

2Cases cited24 opinions

  1. Aerkfetz v. HumphreysSupreme Court of the United States · 1892
  2. Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
  3. Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
  4. Pennsylvania Co. v. MeyersIndiana Supreme Court · 1894
  5. Everett v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1896

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

3Cited by1 opinion

  1. Shepherd v. DouganIdaho Supreme Court · 1938

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