Hopkins v. Utah Northern Railway Co.
Idaho Supreme Court
APPEAL from District Court, Bingham County. It is not necessary to plead contributory negligence in order to prove it, and especially is this true where the plaintiff has aEeged that he is without fault, and this is denied by the answer. (Pomeroy’s Remedies, secs. 6-1-2, 670-676, inclusive; Railway Co. v. ShacMet, 12 Am. & Eng.
Read the full summary
APPEAL from District Court, Bingham County. It is not necessary to plead contributory negligence in order to prove it, and especially is this true where the plaintiff has aEeged that he is without fault, and this is denied by the answer. (Pomeroy’s Remedies, secs. 6-1-2, 670-676, inclusive; Railway Co. v. ShacMet, 12 Am. & Eng. R. R. Cas. 166; Hawes v. Railway Co., 64 Iowa, 315, 20 N. W. 717.) New matter is that which, under the rule of evidence, the defendant must affirmatively establish. If the onus of proof is thrown upon the defendant, the. matter to be proved by him is new matter. All…
1Opinion of the CourtBroderick, J.
This action is to recover damages for killing a team of borses, and tbe destruction of a wagon and harness of the plaintiff, which is alleged to have been caused by the negligence of the defendant company, about the first day of November, 1885, near Blackfoot, in this territory. The complaint alleges, in substance, that defendant was a corporation, duly incorporated, etc.; that plaintiff was the owner of a team and wagon worth $450; that, at a time and place named, the team and wagon were negligently run against and over by defendant’s locomotive, the team killed, and wagon and harness…
2Cases cited4 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- United States v. CampIdaho Supreme Court · 1886
- People v. BernardIdaho Supreme Court · 1886
3Cited by11 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- State v. SmailesIdaho Supreme Court · 1931
- McLeod v. RogersIdaho Supreme Court · 1916
- Goure v. StoreyIdaho Supreme Court · 1909
- Graves ex rel. Hathaway v. Northern Pacific Railway Co.Idaho Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.