Smith v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. An action for damages by a married woman and her husband for personal injuries to the former; also an action for damages by the husband for injuries to his wife, and for destruction of personal property. The cases were consolidated, judgments were for plaintiffs and a new trial was denied.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. An action for damages by a married woman and her husband for personal injuries to the former; also an action for damages by the husband for injuries to his wife, and for destruction of personal property. The cases were consolidated, judgments were for plaintiffs and a new trial was denied. Whatever the defendant may have done, or omitted, the driver was bound to stop, look and listen, or do such of these things as would effectually inform her whether a train was about to cross the…
1Opinion of the CourtMoegan, C. J.
At about half-past 5 o ’clock on the evening of December 15, 1914, as respondent, Emer "W. Smith, was attempting to cross appellant’s railroad track at a point where it intersects Ninth Avenue in the city of Caldwell, the horse she was driving and the buggy in which she was riding were struck By one of its locomotives. As a result of the collision she was seriously injured and the horse, buggy and harness were destroyed. An action was commenced against appellant -by Mrs. Smith and her husband to recover damages for her injuries, and a separate action was commenced by the husband to recover…
2Cases cited4 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Donovan v. Boise CityIdaho Supreme Court · 1918
- Graves ex rel. Hathaway v. Northern Pacific Railway Co.Idaho Supreme Court · 1917
3Cited by19 opinions
- Pittman v. SatherIdaho Supreme Court · 1947
- Department of Finance v. Union Pacific RailroadIdaho Supreme Court · 1940
- Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- Anderson v. Blackfoot Livestock Commission Co.Idaho Supreme Court · 1962
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