Thompson v. Hagan

(specially concurring).

I concur in the majority opinion which quashes the alternative writ of mandate previously issued not only on the grounds stated in the majority opinion, but also in my opinion on the additional ground that the Idaho guest statute has been superceded by the statutory enactment of the comparative negligence doctrine in Idaho.

“Repeals by implication are not favored; but if inconsistency is found to exist between the earlier and the later enactments, such that the legislature could not have intended the two statutes to be contemporaneously operative, it will be implied that…