Legal Opinion

Gayhart Ex Rel. Gayhart v. Schwabe

Idaho Supreme Court

Decided October 1, 1958No. 8576Published

1Opinion

*364On Rehearing.

TAYLOR, Justice.

In her petition for rehearing defendant (respondent) urges that instructions numbers 12 and 14 were proper in view of plaintiffs’ pleadings and the theory of the case expressed thereby. The error committed in the giving of those instructions being the sole ground of reversal, we granted a rehearing.

After setting out the injuries to the minor, Kenneth Gayhart, paragraph VI of the first cause of action concludes, “plaintiffs have been generally damaged in the sum of $20,000.00.”

In the second cause of action, seeking recovery for medical and hospital expenses, the…

2Cases cited14 opinions

  1. Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
  2. Laidlaw v. BarkerIdaho Supreme Court · 1956
  3. Wormward v. TaylorIdaho Supreme Court · 1950
  4. Trask v. Boise King Placers Co.Idaho Supreme Court · 1914
  5. Dawson v. Salt Lake Hardware Co.Idaho Supreme Court · 1943

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