Testo v. Oregon-Washington Railroad & Navigation Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action for damages for personal injuries. Judgment of nonsuit. The failure of the respondent to sound a whistle or ring a bell when approaching the place where appellant was injured, and the violation of the speed ordinance passed by the city of Wallace constituted negligence per se, or at least raised a presumption of negligence. (Wheeler v. Oregon B. B. etc.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action for damages for personal injuries. Judgment of nonsuit. The failure of the respondent to sound a whistle or ring a bell when approaching the place where appellant was injured, and the violation of the speed ordinance passed by the city of Wallace constituted negligence per se, or at least raised a presumption of negligence. (Wheeler v. Oregon B. B. etc. Co., 16 Ida. 375, 102 Pac. 317; Graves v. Northern Pac. By. Co., 30 Ida. 542, 166 Pac. 571; 33 Cyc. 735, 976; Newton v.…
1Opinion of the Court
McCARTHY, J.-
This is an action to recover damages for injuries sustained by appellant, which he contends were caused by the negligence of respondent. At the time he received these injuries, appellant was an employee of the Northern Pacific Railroad Company at Wallace, Idaho. The railroad tracks of this company paralleled the tracks of the respondent in Wallace. Appellant had been working in the lower yards of the Northern Pacific Company and was going to the depot of that company. On his way he attempted to cross the main track of respondent at a point within the city limits where he claimed…
2Cases cited21 opinions
- Griffin v. San Pedro, Los Angeles & Salt Lake RailroadCalifornia Supreme Court · 1915
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Cathcart v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Donovan v. Boise CityIdaho Supreme Court · 1918
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stowers v. Union Pac. R. Co.Idaho Supreme Court · 1951
- Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
- Denton v. City of Twin FallsIdaho Supreme Court · 1933
- Hendrix v. City of Twin FallsIdaho Supreme Court · 1934
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
11 more not listed; retrieve them via the Exa API.