Cnkovch v. Success Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for damages for personal injury. Judgment for plaintiff. “An instruction which leaves the jury free to consider facts not proved by the evidence, but of which they have been informed in some other way, or which tells the jury that to determine a fact they must look to the evidence as far as it is clear and unambiguous, is erroneous.”
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for damages for personal injury. Judgment for plaintiff. “An instruction which leaves the jury free to consider facts not proved by the evidence, but of which they have been informed in some other way, or which tells the jury that to determine a fact they must look to the evidence as far as it is clear and unambiguous, is erroneous.” (38 Cye. 1683, 1684; 1 Blashfield’s Instructions to Jurors, sec. 79; Holt v. Spokane etc. By. Co., 3 Ida. 703, 35 Pac. 39; Whitney v.…
1Opinion of the Court
FLYNN, District Judge.
— Despondent obtained judgment against appellant for personal injuries, from which judgment and from an order overruling a motion for a new trial this appeal is taken.
While operating a machine drill in appellant’s mine, respondent was struck by falling rock, which, he claimed, came from straight above him and which appellant contended must have come from the block of ore on which he was working. The complaint alleges that respondent was working under the supervision and direction of a shift boss; that it was his duty to perform such work at such place and in such manner…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Dunlop v. United StatesSupreme Court of the United States · 1897
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
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3Cited by4 opinions
- Sinclair Prairie Oil Co. v. ThornleyCourt of Appeals for the Tenth Circuit · 1942
- Tyson Creek Railroad v. Empire Mill Co.Idaho Supreme Court · 1918
- Rostad v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1921
- Henness v. Pend D'Oreille Mining & Reduction Co.Idaho Supreme Court · 1919