Legal Opinion

Zienke v. Northern Pacific Railway Co.

Idaho Supreme Court

Decided November 22, 1901PublishedCited by 5 opinions

APPEAL from District Court, Kootenai County. Authorities on assumption of risk: Drake v. Union Pac. By. Do., 2 Idaho, 487, 21 Pac. 560; Mintu v. Union Pac. By. Co., 2 Idaho, 471, 21 Pac. 660; Bullivant v. City of Spokane, 14 Wash. 577, 45 Pac. 42; Brunell v. Southern Pac. By. Co., 34 Or. 256, 56 Pac. 129 (this case is very similar to the case at bar); Clark v. Missouri Pac, By.

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APPEAL from District Court, Kootenai County. Authorities on assumption of risk: Drake v. Union Pac. By. Do., 2 Idaho, 487, 21 Pac. 560; Mintu v. Union Pac. By. Co., 2 Idaho, 471, 21 Pac. 660; Bullivant v. City of Spokane, 14 Wash. 577, 45 Pac. 42; Brunell v. Southern Pac. By. Co., 34 Or. 256, 56 Pac. 129 (this case is very similar to the case at bar); Clark v. Missouri Pac, By. Co., 48 Kan. 654, 29 Pac. 1138; Long v. Coronado B. Co., 96 Cal. 269, 31 Pac. 170; Bush v. Missouri Pac. By. Co., 36 Kan. 129, 12 Pac. 582; Jennings v. Tacoma By. & M. Co., 7 Wash. 275, 34 Pac. 937. Authorities on…

1Opinion of the CourtStockslager, J.

— This case is here for review from a judgment of the district court of Kootenai county. The ease was tried by a jury, and on January 25, 1900, a verdict was returned in favor of the plaintiff for the sum of $1,995. The pleadings are voluminous, and will be referred to here in an abbreviated form, but sufficiently to show the conditions upon which the case was tried. The amended complaint avers: That the defendant is a corporation existing under and by virtue of the laws of Wisconsin, and engaged in operating a line of railroad from St. Paul to the Pacific Ocean, and traverses the entire…

2Cases cited4 opinions

  1. Donnelly v. San Francisco Bridge Co.California Supreme Court · 1897
  2. Minty v. Union Pacific Railway Co.Idaho Supreme Court · 1889
  3. Brunell v. Southern Pacific Co.Oregon Supreme Court · 1899
  4. Drake v. Union Pacific Railway Co.Idaho Supreme Court · 1889

3Cited by5 opinions

  1. Goure v. StoreyIdaho Supreme Court · 1909
  2. Lopez v. AllenIdaho Supreme Court · 1975
  3. Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
  4. Lopez v. AllenIdaho Supreme Court · 1975
  5. Lopez v. AllenIdaho Supreme Court · 1975

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