Jones v. City of Caldwell
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. E. A. Walters, Presiding Judge. Action to recover damages for personal injuries on account of defective sidewalk. Judgment for plaintiffs. Both parties appeal. Instructions must be based on the evidence, and it is error to give any instructions not so predicated. (11 Ency.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. E. A. Walters, Presiding Judge. Action to recover damages for personal injuries on account of defective sidewalk. Judgment for plaintiffs. Both parties appeal. Instructions must be based on the evidence, and it is error to give any instructions not so predicated. (11 Ency. PI. & Pr. 128-130; 13 Cyc. 238.) If the latent condition of itself did not cause pain, suffering, etc., but such condition plus the fall caused such pain and suffering, the fall and not the latent condition is, in law, the proximate…
1Opinion of the CourtSullivan, J.
This action was brought to recover damages against the city of Caldwell for an injury alleged to have been sustained by the plaintiff, Elizabeth Jones, by rea*8son of a defective sidewalk. The accident, it is alleged, occurred on the 27th day of December, 1909.
The answer denies the allegations of the complaint and alleges as a defense that said plaintiff was guilty of contributory negligence.
On the issues thus made the case was tried by the court with a jury and verdict was returned and judgment entered in favor of the plaintiff in the sum of $850. Both plaintiffs and defendant have appealed…
2Cases cited13 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Mutual Life Insurance v. WilerIndiana Supreme Court · 1885
- McCahill v. New York Transportation Co.New York Court of Appeals · 1911
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
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3Cited by35 opinions
- In re BowersIndiana Court of Appeals · 1917
- Davis v. Nelson-Deppe, Inc.Idaho Supreme Court · 1967
- Elrod v. Town of FranklinTennessee Supreme Court · 1917
- Bachran v. MorishigeHawaii Supreme Court · 1970
- Cochran v. GritmanIdaho Supreme Court · 1921
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