Graham v. Coeur D'Alene & St. Joe Transportation Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages for personal injuries. Judgment for plaintiff. A careful reading of the complaint will disclose the fact that plaintiff failed to state a cause of action. He has not alleged' or claimed damage from any permanent injury, and does not allege loss of earning capacity or loss of services by reason of the alleged injuries.
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APPEAL from tbe District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages for personal injuries. Judgment for plaintiff. A careful reading of the complaint will disclose the fact that plaintiff failed to state a cause of action. He has not alleged' or claimed damage from any permanent injury, and does not allege loss of earning capacity or loss of services by reason of the alleged injuries. The court should not have permitted the witness, Graham, testifying in his own behalf, to give evidence of his sickness and his inability to work unless…
1Opinion of the CourtMorgan, J.
— This is an action for damages for personal injuries alleged to have been sustained by respondent while landing from appellant’s steamboat “Flyer” at the end of a journey during which he was a passenger upon the boat. It appears that respondent on the 5th day of August, 1912, procured and paid for transportation upon the “Flyer” from a point known as Bogel’s Landing to a point known as Sort*457ing Gap, which last mentioned place is a flag station where the steamboats of appellant stop when occasion requires to take on or discharge passengers or freight; that appellant owns no wharf or landing…
2Cases cited5 opinions
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- Montgomery v. GrayIdaho Supreme Court · 1914
- Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
- McLean v. City of LewistonIdaho Supreme Court · 1902
- Croft v. Northwestern Steamship Co.Washington Supreme Court · 1898
3Cited by8 opinions
- Blaine v. ByersIdaho Supreme Court · 1967
- Labonte v. DavidsonIdaho Supreme Court · 1918
- Newman v. Great Shoshone & Twin Falls Water Power Co.Idaho Supreme Court · 1916
- In re Gen. Motors LLCDistrict Court, S.D. Illinois · 2018
- Fidelity & Deposit Co. v. BardsleyCourt of Appeals for the Ninth Circuit · 1927
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