Legal Opinion

Trask v. Boise King Placers Co.

Idaho Supreme Court

Decided July 13, 1914PublishedCited by 25 opinions

APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover for personal injury to a minor child by the mother on behalf of herself and child. Verdict of. $8,000 for plaintiffs, which on motion for new trial was reduced by the lower court to $5,000 and apportioned between plaintiffs. From this judgment and order overruling motion, defendant appealed.

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APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover for personal injury to a minor child by the mother on behalf of herself and child. Verdict of. $8,000 for plaintiffs, which on motion for new trial was reduced by the lower court to $5,000 and apportioned between plaintiffs. From this judgment and order overruling motion, defendant appealed. The court erred in permitting, at the close of the trial, the plaintiff to amend her complaint by alleging that she brought the action for herself and on behalf of her minor son, W.…

1Opinion of the CourtAilshie, C. J.

This action was instituted by the plaintiff Mrs. Ina M. Trask, on her own behalf and on behalf of her minor son, W. E. Trask, to recover damages alleged to have occurred through the negligence of the defendant company. The defendant answered and the ease was thereafter tried by *296the court with a jury and a verdict returned in favor of the plaintiff in the sum of $8,000, and this appeal is from the judgment made and entered therein and also from an order denying a new trial.

Appellant urges that the court erred in permitting the plaintiff at the close of the trial to amend her complaint by…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Watkins v. LawtonSupreme Court of Georgia · 1882
  2. Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
  3. Bonham National Bank of Fairbury v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1910
  4. Clowers v. Wabash, St. Louis & Pacific RailroadMissouri Court of Appeals · 1886
  5. Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1912

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3Cited by25 opinions

  1. Urbach v. UrbachWyoming Supreme Court · 1937
  2. Baldwin v. EwingIdaho Supreme Court · 1949
  3. Crowley v. CritchfieldIdaho Supreme Court · 2007
  4. Motsenbocker v. Shawnee Gas & Electric Co.Supreme Court of Oklahoma · 1915
  5. Berg v. KendallIdaho Supreme Court · 2009

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