York v. Pacific & Northern Railway Co.
Idaho Supreme Court
APPEAL from District Court, Washington County. Facts' are fully stated in the opinion. The first question under the testimony, is, Does this table, constructed as is shown by the testimony and situate as shown, constitute such an attractive, alluring and dangerous instrument as' renders the owner liable to trespassers for any injury they may receive from playing with such instrument? {McEachern v. Boston etc. B. Go., 150 Mass. 515, 23 N. E. 231; Gurley v. Missouri Pac.
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APPEAL from District Court, Washington County. Facts' are fully stated in the opinion. The first question under the testimony, is, Does this table, constructed as is shown by the testimony and situate as shown, constitute such an attractive, alluring and dangerous instrument as' renders the owner liable to trespassers for any injury they may receive from playing with such instrument? {McEachern v. Boston etc. B. Go., 150 Mass. 515, 23 N. E. 231; Gurley v. Missouri Pac. R. R., 98 Mo. 13; Chicago etc. R. R. v. McLaughlin, 44 111. 215; Pennsylvania R. R. v. Lewis, 79 Pa. St. 33; Hestonville etc.…
1Opinion of the CourtStockslager, J.
— This is an appeal from an order overruling a motion for a new trial and from the judgment. The complaint alleges that defendant is a corporation existing under the laws of Idaho; that on the thirteenth day of May, 1900, defendant owned and operated a railroad and equipments, including .tracks, depots, turntable, etc., between the city of Weiser and town of Cambridge, all in said county of Washington, state of Idaho; that among the equipments of said railroad so owned and operated by defendant was a turntable, theretofore, to wit, prior to May 30, 1900, unlawfully, carelessly, and…
2Cases cited18 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Powers v. HarlowMichigan Supreme Court · 1884
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Barrett v. Southern Pacific Co.California Supreme Court · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
- Coulson v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1924
- Evans v. DavidsonIdaho Supreme Court · 1938
- Bicandi v. Boise Payette Lumber Co.Idaho Supreme Court · 1935
12 more not listed; retrieve them via the Exa API.