Palmer v. Utah & North Railway Co.
Idaho Supreme Court
APPEAL from District Court, Bingham County. To determine who is the proper party plaintiff, the complaint must show, by averment, whether the deceased was a minor or major, and the plaintiff must then be the person indicated by the statute'. The essential facts in every case must be averred directly, and cannot be left to inference.
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APPEAL from District Court, Bingham County. To determine who is the proper party plaintiff, the complaint must show, by averment, whether the deceased was a minor or major, and the plaintiff must then be the person indicated by the statute'. The essential facts in every case must be averred directly, and cannot be left to inference. (Harris v. Hillagass, 54 Cal. 463; Stringer v. Davis, 30 Cal. 318.) An employee in the bridge department of a railroad and a telegraphic operator are fellow-servants. (Bussell v. Railroad Go., 17 N. Y. 134; Laning v. Railroad Go., 49 N. Y. 521,10 Am. Eep. 417;…
1Opinion of the CourtBuck, J.
On the eleventh day of December, 1885, the defendant, a corporation, was running a passenger train on its road, which was derailed, and thrown from the track, and one William O. Palmer, an employee of defendant, riding thereon at the time of the accident, was killed by a car falling upon him. It is claimed by plaintiffs that the accident was caused by a broken *317rail which defendant carelessly and negligently allowed to be and remain on the track. The action was brought by Linnie M. Palmer, widow of deceased, and Alfred Perle Palmer, minor son of deceased, by W. F. Fisher, guardian of said…
Also in this document: Concurrence.
2Cases cited4 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Blanc v. KlumpkeCalifornia Supreme Court · 1865
- Slattery v. HallCalifornia Supreme Court · 1872
3Cited by11 opinions
- State v. CypherIdaho Supreme Court · 1968
- Finlen v. HeinzeMontana Supreme Court · 1903
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
- Aulbach v. DahlerIdaho Supreme Court · 1896
- Roll v. City of MiddletonIdaho Court of Appeals · 1989
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