Younie v. Blackfoot Light & Water Co.
Idaho Supreme Court
APPEAL from the District Court of Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. Action to recover damages for the careless construction, maintenance, etc., of an electric plant. Judgment for plaintiff. In an action to recover damage for negligence, the plaintiff must allege the acts and omissions of the defendant upon which he relies, and he cannot recover on acts not alleged.
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APPEAL from the District Court of Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. Action to recover damages for the careless construction, maintenance, etc., of an electric plant. Judgment for plaintiff. In an action to recover damage for negligence, the plaintiff must allege the acts and omissions of the defendant upon which he relies, and he cannot recover on acts not alleged. (Woodward v. Navigation Go., 18 Or. 289, 22 Pac. 1076; 6 Thompson on Negligence, secs. 7452, 7491; Haner v. Northern Pac. B. Go., 7 Ida. 305, 62 Pac. 1028; Georgia B. B. Go. v. Oaks, 52 Ga.…
1Opinion of the CourtSullivan, J.
This action was brought to recover damages for the loss of a team and harness alleged to have been caused by the negligence and carelessness of the defendant corporation, in negligently, and carelessly failing to exercise and use proper care, diligence, skill and material in putting up, *60operating, inspecting and maintaining its electric light plant and system of appliances and wires connected therewith, and dangerously and negligently constructing and putting in the plaintiff’s livery barn said dangerous and defective system of wires, without proper fuses or having the wire properly insulated…
Also in this document: Concurrence.
2Cases cited12 opinions
- Boyd v. Portland Electric Co.Oregon Supreme Court · 1901
- Denver Consolidated Electric Co. v. LawrenceSupreme Court of Colorado · 1903
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Eaton v. City of WeiserIdaho Supreme Court · 1906
- Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gagnon v. St. Maries Light & Power Co.Idaho Supreme Court · 1914
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Russell v. City of Idaho FallsIdaho Supreme Court · 1956
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1940
- Conn v. Lexington Utilities CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
5 more not listed; retrieve them via the Exa API.