Penninger Lateral Co. v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Action to recover maintenance fees and charges for use of canal and laterals. Judgment for the defendant. Plaintiff moved for a new trial and the motion was granted and defendant appealed. An order granting a new trial will not be disturbed in the absence of abuse of discretion.
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APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Action to recover maintenance fees and charges for use of canal and laterals. Judgment for the defendant. Plaintiff moved for a new trial and the motion was granted and defendant appealed. An order granting a new trial will not be disturbed in the absence of abuse of discretion. (Jacksha v. Gilbert, 4 Ida. 738, 44 Pac. 555; Brossard v. Morgan, 6 Ida. 479, 56 Pac. 163.) Where there is a substantial conflict in the evidence, an order of the trial judge granting a new trial will not…
1Opinion of the CourtAilshie, J.
This is an appeal from an order granting a new trial. The motion for a new trial seems to have been made on various grounds, and particular emphasis was laid on the insufficiency of the evidence to support the findings and judgment based thereon.
When we come to examine the evidence, we find it conflicting, and indeed, so far as we are able to get at the real facts which were necessary and essential to an intelligent determination of the issue involved, we find it ambiguous and uncertain. In this condition of the record, we would not be justified in disturbing an order granting a new trial.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Wolfe v. RidleyIdaho Supreme Court · 1909
- Bernier v. AndersonIdaho Supreme Court · 1902
- Buckle v. McConaghyIdaho Supreme Court · 1906
3Cited by15 opinions
- O'DELL v. BasabeIdaho Supreme Court · 1991
- Rosenberg v. ToetlyIdaho Supreme Court · 1969
- Deshazer v. TompkinsIdaho Supreme Court · 1969
- MacDonald v. OganIdaho Supreme Court · 1940
- Stone v. MatthiesIdaho Supreme Court · 1930
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