Le Deau v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Eigbtb Judicial District, in and for tbe County of Kootenai. Hon. Robert N. Dunn, Judge. Action by the plaintiff to recover damages for personal injury. Judgment for the plaintiff and defendant appealed. There is no presumption of negligence in a case of this kind and the burden was on the respondent to show that the rock injured him by reason of the appellant’s negligence.
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APPEAL from the District Court of tbe Eigbtb Judicial District, in and for tbe County of Kootenai. Hon. Robert N. Dunn, Judge. Action by the plaintiff to recover damages for personal injury. Judgment for the plaintiff and defendant appealed. There is no presumption of negligence in a case of this kind and the burden was on the respondent to show that the rock injured him by reason of the appellant’s negligence. Having failed to show what caused the rock to be thrown or started, he failed to prove sufficient facts to make any question for the jury. {Penn. Ry. v. MacKinney, 124 Pa. 462, 10 Am.…
1Opinion of the CourtAilshie, Presiding J.
Respondent obtained a judgment against defendant for $1,287.75, damages alleged to have been sustained by reason of personal injuries received by respondent while riding on appellant’s railway train. The respondent took passage on appellant’s train at Houston Station, Montana, for a trip to Coeur d’Alene City, and *713while traveling between Taft and St. Regis stations, a rock or boulder rolled down the mountain-side, passed through' the car window, and struck respondent on the shoulder, inflicting a serious blow.
It appears that the railroad track runs around a precipitous rocky mountain-side,…
2Cases cited6 opinions
- Barnowsky v. HelsonMichigan Supreme Court · 1891
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Spencer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1900
- Ginn v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Fleming v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry.Supreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gresser v. TaylorSupreme Court of Minnesota · 1967
- Chase v. Washington Water Power Co.Idaho Supreme Court · 1941
- Blessing v. Camas Prairie Railroad Co.Washington Supreme Court · 1940
- Chase v. Washington Water Power Co.Idaho Supreme Court · 1941
- Gresser v. TaylorSupreme Court of Minnesota · 1967
1 more not listed; retrieve them via the Exa API.