Denbeigh v. Oregon-Washington Railroad & Navigation Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County, Hon. W. W. Woods, Judge. Action to recover damages for personal injuries. In giving instruction No. 8 requested by plaintiff, the court gave an instruction applicable to a case involving the doctrine of the “Last Clear Chance.” In the case at bar this doctrine does not apply. (Neil v. Idaho & W. N. By.
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APPEAL from the District Court of the First Judicial District for Shoshone County, Hon. W. W. Woods, Judge. Action to recover damages for personal injuries. In giving instruction No. 8 requested by plaintiff, the court gave an instruction applicable to a case involving the doctrine of the “Last Clear Chance.” In the case at bar this doctrine does not apply. (Neil v. Idaho & W. N. By. Co., 22 Ida. 74, 125 Pac. 331.) The law contained in Instruction No. 11 has been sustained by this court in the Neil ease supra, and in the case of Anderson v. Great Northern By. Co., 15 Ida. 513, 99 Pac. 91, and…
1Opinion of the CourtStewart, J.
— This is an action to recover damages sustained by plaintiff for personal injuries. The cause was tried to a jury and a verdict rendered in favor of respondent for the sum of $15,510. Judgment was rendered in accordance with the verdict. A motion for a new trial was made and overruled and this appeal is from the judgment and from the order overruling the motion for a new trial.
The facts are as follows: The appellant railroad company has for a number of years operated a railroad in the county of Shoshone, Idaho, from Wallace along what is known as Canyon creek to the town of Burke. Between…
2Cases cited28 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Howland v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Aldrich v. PalmerCalifornia Supreme Court · 1864
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
23 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Petricevich v. Salmon River Canal CompanyIdaho Supreme Court · 1969
- Geist v. MooreIdaho Supreme Court · 1937
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
- Short v. Boise Valley Traction Co.Idaho Supreme Court · 1924
- Garrett v. TaylorIdaho Supreme Court · 1949
16 more not listed; retrieve them via the Exa API.