Bates v. Siebrand Bros. Circus & Carnival

TAYLOR, Justice.

On September 18, 1948, during the course of the eastern Idaho fair, the defendants were operating a “miniature” or “choo-choo” train on the fairgrounds at Blackfoot. On the afternoon of that day the plaintiff, Myrtle Alice Bates, with her husband and daughter, attended the fair. While she and her fourteen year old daughter were walking westerly along the south side of the oval track upon which the train ran, she stepped upon the track and was struck by the train as it came up behind her from the east. She suffered fractures of the malleolus of the fíbula and tibia in the ankle…