Chiara v. Stewart Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial ' District for Shoshone County. Hon. W. W. Woods, Judge. Action for damages for the wrongful death of the plaintiffs’ intestate. Judgment for plaintiffs. Defendant appealed. There is not a word of testimony in this record from which the jury could legitimately find what caused the deceased to fall from the car. All that the respondent proved was that the deceased was last seen upon the car and later found dead under it.
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APPEAL from the District Court of the First Judicial ' District for Shoshone County. Hon. W. W. Woods, Judge. Action for damages for the wrongful death of the plaintiffs’ intestate. Judgment for plaintiffs. Defendant appealed. There is not a word of testimony in this record from which the jury could legitimately find what caused the deceased to fall from the car. All that the respondent proved was that the deceased was last seen upon the car and later found dead under it. This is not sufficient to-support a verdict. (Powers v. Pere Marquette By., 143 Mich. 379, 106 N. W. 1117; Pittsburgh Goal…
1Opinion of the CourtAilshie, C. J.
This action was instituted to recover damages for wrongfully causing the death of a laborer who was engaged in loading and unloading ore and waste cars in appellant’s mine. The verdict is assailed on the charge that the evidence wholly fails to show negligence on the part of the mining company or the means by which the deceased met his death.
It is evident to us that the bumper projecting only three inches on the back end of an ore car is not a safe place for anyone to ride. Whether or not the deceased was warned, as *478claimed by appellant, against riding at that place, it remains a fact,…
2Cases cited8 opinions
- Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Dennis v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Geist v. MooreIdaho Supreme Court · 1937
- Department of Finance v. Union Pacific RailroadIdaho Supreme Court · 1940
- Domingo v. PhillipsIdaho Supreme Court · 1964
- Madron v. McCoyIdaho Supreme Court · 1942
- Webb v. Gem State Oil Co.Idaho Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.