Eaton v. City of Weiser
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action by plaintiff through his guardian ad litem, against the defendant, the city of Weiser, for damages on account of personal injuries sustained by coming in contact with a live wire suspended across the street so low as to interfere with travelers along such thoroughfare. Judgment for plaintiff and defendant moved for a new trial.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action by plaintiff through his guardian ad litem, against the defendant, the city of Weiser, for damages on account of personal injuries sustained by coming in contact with a live wire suspended across the street so low as to interfere with travelers along such thoroughfare. Judgment for plaintiff and defendant moved for a new trial. Defendant appealed, from the judgment and from the order denying his motion. In- the absence of a statutory provision imposing the liability, a…
1Opinion of the CourtAilshie, J.
The respondent obtained a judgment against the city of Weiser for $1,050 and costs for personal injuries received by him on account of the negligence of the city in maintaining an electric light wire across one of the principal thoroughfares of Weiser. The city owns and is operating an electric light system for the purpose of lighting its streets and selling to the inhabitants of the municipality electric light. It appears that at about noon on the seventh day of March, 1904, a tree was felled by some one across one of the principal streets and struck the electric light wire which was…
2Cases cited13 opinions
- Giraude v. Elec. Improvement Co. of San JoseCalifornia Supreme Court · 1895
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Denver Consolidated Electric Co. v. SimpsonSupreme Court of Colorado · 1895
- Carson v. City of GeneseeIdaho Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Smith v. StateIdaho Supreme Court · 1970
- Feil v. City of Coeur D'AleneIdaho Supreme Court · 1912
- Hooton v. City of BurleyIdaho Supreme Court · 1950
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- Gagnon v. St. Maries Light & Power Co.Idaho Supreme Court · 1914
26 more not listed; retrieve them via the Exa API.