Pilmer v. Boise Traction Co.
Idaho Supreme Court
APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by administratrix to recover damages for the killing of her intestate by a street railway car. Judgment, on motion for a nonsuit, in favor of the defendant.
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APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by administratrix to recover damages for the killing of her intestate by a street railway car. Judgment, on motion for a nonsuit, in favor of the defendant. “By a motion for nonsuit the defendant admits the existence of every fact which the evidence tends to prove, or which can be gathered from any reasonable view of the evidence. ’ * (Later v. Haywood, 12 Ida. 78, 85 Pac. 494.) “The trial court is bound to submit the case to the jury, unless no recovery could be had upon any view that…
1Opinion of the CourtSullivan, J.
This action was brought by the plaintiff as administratrix of the estate of John Pilmer, deceased, to recover damages against the respondent for the death of said Pilmer, alleging that his death was caused by the fault, negligence and carelessness of the defendant, and without any fault or negligence of the deceased. The answer puts in issue the material allegations of the complaint and pleads affirmatively facts tending to show that the respondent was without fault, and that the negligence of the deceased was the cause *334of his death. The cause was tried by the court and a jury and at the…
2Cases cited29 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Newark Passenger Railway Co. v. BlockSupreme Court of New Jersey · 1893
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
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3Cited by55 opinions
- Moody v. Gufl Refining Co.Tennessee Supreme Court · 1919
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Geist v. MooreIdaho Supreme Court · 1937
- Fairbanks, Morse & Co. v. GambillTennessee Supreme Court · 1919
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
50 more not listed; retrieve them via the Exa API.