Legal Opinion

Holt v. Spokane & Palouse Railway Co.

Idaho Supreme Court

Decided April 6, 1895PublishedCited by 22 opinions

APPEAL from District Court, Nez Perces County. What is actionable negligence? We answer that negligence consists of an omission to perform a duty which the party guilty of the omission is bound to perform toward1 the one injured, or it consists in the doing of some act to the injury of some other which a reasonably prudent man would not do. Definitions of negligence vary in their terms, but this Is the substance of all, which is accepted in the books and by the courts.

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APPEAL from District Court, Nez Perces County. What is actionable negligence? We answer that negligence consists of an omission to perform a duty which the party guilty of the omission is bound to perform toward1 the one injured, or it consists in the doing of some act to the injury of some other which a reasonably prudent man would not do. Definitions of negligence vary in their terms, but this Is the substance of all, which is accepted in the books and by the courts. (Bailey on Injuries, 406; Nicholson v. Erie Ry. Go., 41 N. Y. 525.) Does the law require that a man consult the public as to…

1Opinion of the Court

SHLLIYAN, "J.

This ease was before this court at its November term, 1893, and the decision is reported in 3 Idaho, 703, 35 Pac. 39. The cause was remanded for a new trial, and ■a new trial was had upon the issues made by the original complaint and answer, before a jury, and a verdict found in favor ■of the respondent for the sum of $2,620, for which sum a judgment was entered. Thereafter a motion for a new trial was •made and denied. This appeal is from the judgment and the •order overruling the motion for a new trial. The appellant assigns nineteen errors alleged to have been committed in the…

2Cases cited2 opinions

  1. Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
  2. Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1893

3Cited by22 opinions

  1. Maloney v. Winston Bros.Idaho Supreme Court · 1910
  2. Dent v. Hardware Mutual Casualty Co.Idaho Supreme Court · 1963
  3. Nelson v. Northern Leasing Co.Idaho Supreme Court · 1983
  4. Servel v. CorbettIdaho Supreme Court · 1930
  5. York v. Pacific & Northern Railway Co.Idaho Supreme Court · 1902

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