Baillie v. City of Wallace
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods. Judge. Action to recover damages for personal injuries. Judgment for plaintiff. New trial granted, from which order plaintiff appeals.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods. Judge. Action to recover damages for personal injuries. Judgment for plaintiff. New trial granted, from which order plaintiff appeals. The court in granting a new trial certainly infringed upon the province of the jury, disregarded the findings of the jury, and constituted himself a trier of facts, for it was for the jury to say what was the proximate cause of the injury to the appellant. (Pilmer v. Boise Traction Co., 14 Ida. 327, 125 Am. St. 161, 94 Pac. 432, 15 L. R. A., N. S., 254.) This…
1Opinion of the CourtStewart, C. J.
This action was brought by the appellant to recover from the respondent damages for personal injuries sustained by appellant by coming in contact with a metallic sign attached to a building abutting on Sixth street, in the city of Wallace, and suspended over the sidewalk constructed on Sixth street by the city of Wallace, which sign was suspended from a building occupied by and in the possession of the Northern Express Company, so low that the appellant, while walking along said street on the sidewalk, came in contact therewith, striking his head against the sign.
The negligence of the city is…
2Cases cited8 opinions
- Say v. HodginIdaho Supreme Court · 1911
- Wolfe v. RidleyIdaho Supreme Court · 1909
- Jacksha v. GilbertIdaho Supreme Court · 1896
- Jones v. CampbellIdaho Supreme Court · 1906
- Buckle v. McConaghyIdaho Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- O'DELL v. BasabeIdaho Supreme Court · 1991
- Baldwin v. EwingIdaho Supreme Court · 1949
- Rosenberg v. ToetlyIdaho Supreme Court · 1969
- MacDonald v. OganIdaho Supreme Court · 1940
- Short v. Boise Valley Traction Co.Idaho Supreme Court · 1924
13 more not listed; retrieve them via the Exa API.