Kelly v. Lemhi Irrigation & Orchard Co.
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. J. M. Stevens, Judge. Action for damages. Judgment for plaintiff. No evidence was given showing that the collateral heirs suffered any damages. Such heirs must prove probable loss or their recovery will be limited to nominal damages. (Burk v. Areata & Mad River R. Go., 125 Cal. 364, 73 Am.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. J. M. Stevens, Judge. Action for damages. Judgment for plaintiff. No evidence was given showing that the collateral heirs suffered any damages. Such heirs must prove probable loss or their recovery will be limited to nominal damages. (Burk v. Areata & Mad River R. Go., 125 Cal. 364, 73 Am. St. 52, 57 Pae. 1065.) The entire evidence did not show any negligence on the part of the defendant company, and it was shown by the evidence that if the accident was due to anyone’s negligence, it was to the negligence of…
1Opinion of the Court
McCARTHY, District Judge.
This is an action brought by Harry Kelly, as administrator of the estate of Ira L. Davis, deceased, against the Lemhi Irrigation and Orchard Company. It is charged in the complaint that the defendant wrongfully caused the death of the deceased while in its employ by providing the crew, of which he was a member, with a hay derrick which was unsafe and defective in certain particulars expressly set forth; that by reason of such defects said derrick fell and inflicted injuries upon deceased from which he died. The evidence shows that four married sisters and two older…
2Cases cited6 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Burk v. Arcata & Mad River RailroadCalifornia Supreme Court · 1899
- Keast v. Santa Ysabel Gold Mining Co.California Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hepp v. AderIdaho Supreme Court · 1942
- Coliseum Motor Co. v. HesterWyoming Supreme Court · 1931
- Gardner v. HobbsIdaho Supreme Court · 1949
- Tyson Creek Railroad v. Empire Mill Co.Idaho Supreme Court · 1918
- Wyland v. Twin Falls Canal Co.Idaho Supreme Court · 1930
9 more not listed; retrieve them via the Exa API.