Holt v. Spokane & Palouse Railway Co.
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. The evidence shows that the well in which the plaintiff’s •child was drowned was upon the private grounds of defendant, and remote from any public street or sidewalk, and that at the time of the accident the child was not traveling upon any public street or sidewalk, or near thereto, but was a trespasser upon the grounds of the defendant; that the child was not there with the knowledge, consent or invitation of the defendant,…
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APPEAL from District Court, Nez Perces County. The evidence shows that the well in which the plaintiff’s •child was drowned was upon the private grounds of defendant, and remote from any public street or sidewalk, and that at the time of the accident the child was not traveling upon any public street or sidewalk, or near thereto, but was a trespasser upon the grounds of the defendant; that the child was not there with the knowledge, consent or invitation of the defendant, either expressed or implied; that the defendant is not shown to have had any knowledge that children were in the habit of…
1Opinion of the CourtSullivan, J.
This action was brought to recover damages for the death of the infant son of the respondent. The complaint alleges the corporate existence of the appellant; its ownership and possession of certain town lots in the city of Lewiston, Nez Perces county; that while said infant son was traveling and passing upon a certain street and sidewalk, and upon said lot or premises, without any negligence, carelessness or fault on his part, he fell into a certain well situated upon said premises, and was instantly killed; that said well had been left open through the negligence, carelessness, imprudence,…
2Cases cited16 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Packet Co. v. CloughSupreme Court of the United States · 1874
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
- Russell v. CoxIdaho Supreme Court · 1944
- Brown v. HardinIdaho Supreme Court · 1917
18 more not listed; retrieve them via the Exa API.