Donovan v. Boise City
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for 'Ada County. Hon. Carl A. Davis, Judge. Action for damages.. Judgment for defendant. The proper inquiry is, admitting all the facts which plaintiff’s evidence tends to prove and every inference of fact that can be legitimately drawn therefrom, might different minds reasonably come to different conclusions? If so, a nonsuit is not proper.
Read the full summary
APPEAL from the District Court of the Third Judicial District, for 'Ada County. Hon. Carl A. Davis, Judge. Action for damages.. Judgment for defendant. The proper inquiry is, admitting all the facts which plaintiff’s evidence tends to prove and every inference of fact that can be legitimately drawn therefrom, might different minds reasonably come to different conclusions? If so, a nonsuit is not proper. (1 Ilayne, New Trial and Appeal, sec. 117.) “When the facts are disputed, or more than one inference can be fairly drawn from them as to the care, or want of care, of the plaintiff, the…
1Opinion of the CourtMorgan, J.
This action was commenced by appellant to recover damages for injuries to his person and property resulting from an" accident which, he contends, was caused by the negligence and wrongful act of respondent. At the close of the introduction of evidence upon appellant’s part a motion for nonsuit was sustained upon the ground that the evidence showed the accident resulted directly and proximately from his own negligence. Judgment was entered accordingly and the ease is before us upon appeal therefrom.
It appears that about 9 o’clock on the evening of September 30, 1913, while appellant was riding…
2Cases cited7 opinions
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Later v. HaywoodIdaho Supreme Court · 1906
- Shank v. Great Shoshone & Twin Falls Water Power Co.Court of Appeals for the Ninth Circuit · 1913
- Culver v. KehlIdaho Supreme Court · 1912
- Southern Idaho Conference Ass'n of Seventh Day Adventists v. Hartford Fire InsuranceIdaho Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Laidlaw v. BarkerIdaho Supreme Court · 1956
- Nagel v. HammondIdaho Supreme Court · 1965
- Stowers v. Union Pac. R. Co.Idaho Supreme Court · 1951
- Bennett v. DeatonIdaho Supreme Court · 1937
- Adkins v. ZalaskyIdaho Supreme Court · 1938
21 more not listed; retrieve them via the Exa API.