McAlinden v. St. Maries Hospital Ass'n
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. John M. Flynn, Judge. Action to recover damages for malpractice. Judgment for plaintiff. The case should not be submitted to the jury where the evidence shows two or more causes, for one of which the defendant would not be liable. (Miller v. Northern Pac. B. Co., 24 Ida. 567, Ann. Cas. 1915C, 1214, 135 Pac. 845, 48 L. R. A., N. S., 700; Cook v. Minneapolis etc. By.
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APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. John M. Flynn, Judge. Action to recover damages for malpractice. Judgment for plaintiff. The case should not be submitted to the jury where the evidence shows two or more causes, for one of which the defendant would not be liable. (Miller v. Northern Pac. B. Co., 24 Ida. 567, Ann. Cas. 1915C, 1214, 135 Pac. 845, 48 L. R. A., N. S., 700; Cook v. Minneapolis etc. By. Co., 98 Wis. 624, 67 Am. St. 830, 74 N. W. 561, 40 L. R. A. 457; Adams v. Bunker Hill etc. Min. Co., 12 Ida. 637, 643, 89 Pac. 624, 11…
1Opinion of the CourtBudge, J.
Respondent, while engaged in loading logs upon a car for the Blackwell Lumber Company, on November 21, 1912, fell or jumped from the top of a loaded car to the ground, a distance of some twelve feet, alighting on a log and *663sustaining a simple comminuted fracture of both bones of the right leg at a point about two inches above the ankle joint.
The accident occurred at about 8 o’clock in the morning (Thursday). Respondent was taken to his home at Fern-wood, where he arrived about 10 o ’clock, and for the mistaken purpose of alleviating his suffering, he was given a quantity of intoxicating…
2Cases cited13 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Staloch v. HolmSupreme Court of Minnesota · 1907
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Loudon v. ScottMontana Supreme Court · 1920
- Geist v. MooreIdaho Supreme Court · 1937
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
- Walker v. DistlerIdaho Supreme Court · 1956
- Schumacher v. Murray HospitalMontana Supreme Court · 1920
18 more not listed; retrieve them via the Exa API.