Legal Opinion

Zilka v. Graham

Idaho Supreme Court

Decided June 13, 1914PublishedCited by 4 opinions

APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. John M. Flynn, Judge. Action to recover damages for alleged carelessness and negligent acts in the excavation of a certain lot adjoining the lot of plaintiff. Judgment for plaintiff. The defendant was entitled to a charge to the jury that she was not liable if the damages were produced by the act of an independent contractor, or his servant.

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APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. John M. Flynn, Judge. Action to recover damages for alleged carelessness and negligent acts in the excavation of a certain lot adjoining the lot of plaintiff. Judgment for plaintiff. The defendant was entitled to a charge to the jury that she was not liable if the damages were produced by the act of an independent contractor, or his servant. (Aston v. Nolan, 68 Cal. 269; Sullivan v. Zeiner, 98 Cal. 346, 33 Pae. 209, 20 L. R. A. 730; TJlrich v. Dakota Loan & Trust Co., 2 S. D. 285, 49 N. W.…

1Opinion of the CourtSullivan, J.

This action was brought to recover from the defendants damages in the sum of $9,500, alleged to have occurred by the carelessness and negligent acts of the defendants, in the excavation of a certain lot belonging to the appellant Graham and adjoining the lot of the plaintiff, whereby a certain brick building standing on the lot of the plaintiff collapsed and fell because of such excavation.

The complaint contains a statement of three causes of action. The first involves the destruction of said building, the second involves the rents and revenues of said building, and the third, the cost of…

2Cases cited3 opinions

  1. Gerst v. City of St. LouisSupreme Court of Missouri · 1904
  2. Schultz v. ByersSupreme Court of New Jersey · 1891
  3. Oliver v. Kootenai CountyIdaho Supreme Court · 1907

3Cited by4 opinions

  1. Floyd v. LuskMississippi Supreme Court · 1966
  2. Olson v. Ottertail Power Co.North Dakota Supreme Court · 1934
  3. Prairie Flour Mill Co. v. Farmers Elevator Co.Idaho Supreme Court · 1927
  4. Prairie Flour Mill Co. v. Farmers Elevator Co.Idaho Supreme Court · 1927

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