Carscallen v. Coeur D'Alene & St. Joe Transportation Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for the county of Kootenai. Hon. W. W. Woods, Judge. Action by plaintiffs for damages caused by a steamboat collision. Judgment for plaintiffs and defendant appealed. There is no sufficient allegation of negligence or unskillfulness or misbehavior in the complaint. (Trans., fol. 1594, 1595; 6 Thompson on Negligence, sec. 7452; San Antonio etc. B. Co. v. Stolleis (Tex. Cr.
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APPEAL from the District Court of the First Judicial District, for the county of Kootenai. Hon. W. W. Woods, Judge. Action by plaintiffs for damages caused by a steamboat collision. Judgment for plaintiffs and defendant appealed. There is no sufficient allegation of negligence or unskillfulness or misbehavior in the complaint. (Trans., fol. 1594, 1595; 6 Thompson on Negligence, sec. 7452; San Antonio etc. B. Co. v. Stolleis (Tex. Cr. App.), 49 S. W. 679.) An opinion is entitled to no weight with the court or jury, and should not be admitted unless it comes from a person who has given…
1Opinion of the CourtAilshie, C. J.
This is an appeal from a judgment and an order denying a motion for a new trial. The plaintiffs recovered judgment in the trial court against the defendant transportation company for $1,701.50, as damages alleged to have been incurred by reason of the company’-s steamboat 41 Idaho,” colliding with and sinking the plaintiffs’ combined steamboat and pile-driver. The plaintiffs specially pleaded the items of damages claimed and the jury returned a verdict for the full sum demanded by the complaint. The items of damages claimed are as follows:
Chattels and effects lost and destroyed by the sinking…
2Cases cited24 opinions
- The ConquerorSupreme Court of the United States · 1897
- The BaltimoreSupreme Court of the United States · 1869
- The Amiable NancySupreme Court of the United States · 1818
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- The Granite StateSupreme Court of the United States · 1866
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3Cited by11 opinions
- Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940
- Muir v. City of PocatelloIdaho Supreme Court · 1922
- Austin v. Brown Bros.Idaho Supreme Court · 1917
- Thibadeau v. Clarinda Copper Mining Co.Idaho Supreme Court · 1928
- Kellar v. SproatIdaho Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.