Shank v. Great Shoshone & Twin Falls Water Power Co.
Court of Appeals for the Ninth Circuit
In Error tp the District Court of the United Stales for the District of1 Idaho; Frank S. Dietrich, Judge. Action at law by Jake M. Shank against the Great Shoshone & Twin Falls Water Power Company. Judgment for defendant, and plaintiff brings error.
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In Error tp the District Court of the United Stales for the District of1 Idaho; Frank S. Dietrich, Judge. Action at law by Jake M. Shank against the Great Shoshone & Twin Falls Water Power Company. Judgment for defendant, and plaintiff brings error. Tins is an action to recover damages for personal injuries received by the plaintiff by- reason of a haystacker or derrick which he was moving along the public highway near the town of Buhl, in the state of Idaho, coming in contact with the power transmission wires of the defendant. The derrick or haystacker had a base or foundation of wood about…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] 1. The order of the court granting defendant’s motion for a nonsuit is assigned as error, on the ground that the court had no power to grant a peremptory nonsuit against the will of the plaintiff. The rule now established in the federal courts is this; If the state law permits a nonsuit where the evidence, with all the inferences to be drawn therefrom, would not sustain a verdict for the plaintiff, the federal court may do likewise, under the provisions of section 914 of the Revised Statutes of the United States. U. S. Comp. St. 1901, p. 684. Central…
2Cases cited19 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Meehan v. ValentineSupreme Court of the United States · 1892
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
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3Cited by14 opinions
- Salt River Valley Water Users' Ass'n v. ComptonArizona Supreme Court · 1932
- Bunten v. Eastern Minnesota Power Co.Supreme Court of Minnesota · 1929
- Donovan v. Boise CityIdaho Supreme Court · 1918
- Marshall v. GilsterIdaho Supreme Court · 1921
- Wade v. Empire District Electric Co.Supreme Court of Kansas · 1915
9 more not listed; retrieve them via the Exa API.