Antler v. Cox
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover damages for personal injuries. Nonsuit granted and judgment of dismissal entered. Whether or not the jumping of the horse was the proximate cause, and whether or not appellant might have been injured had the respondents furnished proper appliances, were matters of fact to be submitted to the jury. (Goe v. Northern Pac.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover damages for personal injuries. Nonsuit granted and judgment of dismissal entered. Whether or not the jumping of the horse was the proximate cause, and whether or not appellant might have been injured had the respondents furnished proper appliances, were matters of fact to be submitted to the jury. (Goe v. Northern Pac. B. Co., 30 Wash. 654, 71 Pac. 182; Gray v. Washington W. P. Co., 27 Wash. 713, 68 Pac. 360; Evansville Hoop & Stave Co. v. Bailey, 43 Ind. App. 153,…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover damages for personal injuries received while in the employ of the respondents, which resulted in the loss of a leg.
It is alleged that the appliances furnished to appellant were unsafe and dangerous. On the trial appellant introduced his evidence and rested and counsel thereupon made a motion for a nonsuit, which the court sustained and entered a judgment dismissing the action. Thereafter a motion for a *521new trial was denied. The appeal is from the judgment and the order denying the new trial.
Appellant assigns as error the granting of respondents’ motion for…
2Cases cited10 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Day v. Cleveland, Columbus, Cincinnati & St. Louis Railway Co.Indiana Supreme Court · 1894
- Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
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3Cited by17 opinions
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- Chisholm v. JR SIMPLOT COMPANYIdaho Supreme Court · 1972
- Dent v. Hardware Mutual Casualty Co.Idaho Supreme Court · 1963
- Cooper v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927
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