Miller v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eighth Judicial District for Bonner County. Hon. Robert N. Dunn, Judge. Action for damages. Judgment for plaintiff. Defendant appeals. “To establish a theory by circumstantial evidence the known facts relied upon, as a basis for the theory, must be of such a nature and so related to each other that the only reasonable conclusion that may be drawn therefrom is the theory sought to be established.”
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APPEAL from tbe District Court of tbe Eighth Judicial District for Bonner County. Hon. Robert N. Dunn, Judge. Action for damages. Judgment for plaintiff. Defendant appeals. “To establish a theory by circumstantial evidence the known facts relied upon, as a basis for the theory, must be of such a nature and so related to each other that the only reasonable conclusion that may be drawn therefrom is the theory sought to be established.” (Chicago By. v. Bhoades, 64 Kan. 553, 68 Pac. 58; Asback v. Chicago etc. By., 74 Iowa, 248, 37 N. W. 182; Carruthers v. Chicago etc. By., 55 Kan. 600, 40 Pac.…
1Opinion of the CourtAilshie, C. J.
This action was instituted for the recovery of damages for the loss of timber and other personal property caused by a fire alleged to have been set by one of the defendant’s locomotives. The case went to trial and resulted in a verdict and judgment in favor of the plaintiff in the sum of $1,062, from which defendant appealed.
The principal controversy in this case is over the sufficiency of the evidence to support the verdict. The other points raised are incidental to this main question.
It appears that two fires were started, one near Coeolalla station and another in the neighborhood of what…
2Cases cited17 opinions
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Commonwealth Electric Co. v. RoseIllinois Supreme Court · 1905
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Baltimore & Ohio Railroad v. Sulphur Spring Independent School DistrictSupreme Court of Pennsylvania · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Challis Irrigation Co. v. StateIdaho Court of Appeals · 1984
- Evans v. DavidsonIdaho Supreme Court · 1938
- Phoenix Railway Co. v. BealsArizona Supreme Court · 1919
- Challis Irrigation Co. v. StateIdaho Court of Appeals · 1984
5 more not listed; retrieve them via the Exa API.