Horn v. Boise City Canal Co.
Idaho Supreme Court
APPEAL from District Court, Ada County. It is contended by the appellant that upon the evidence of the plaintiff, the defendant’s motion for a nonsuit should have been granted. There was no dispute as to the facts and under such conditions, negligence, involving the cognate proposition of contributory negligence, becomes a question for the court. {Pool v. Southern Pac. Go., 20 Utah, 210, 58 Pae. 326; Word-law v. Railroad Co. (Cal.), 42 Pac. 1075; Abbott v. Chicago etc. Ry.
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APPEAL from District Court, Ada County. It is contended by the appellant that upon the evidence of the plaintiff, the defendant’s motion for a nonsuit should have been granted. There was no dispute as to the facts and under such conditions, negligence, involving the cognate proposition of contributory negligence, becomes a question for the court. {Pool v. Southern Pac. Go., 20 Utah, 210, 58 Pae. 326; Word-law v. Railroad Co. (Cal.), 42 Pac. 1075; Abbott v. Chicago etc. Ry. Co., 60 Minn. 482, 16 N. W. 266; Johnson v. Rio Grande etc. Ry. Co., 19 TJtah, 77, 57 Pac. 17.) The evidence in this ease…
1Per curiam
This action was commenced in the district, court of Ada county to recover damages for personal injurias *643occasioned by the respondent Ardella Horn, wife of the respondent Jake Horn, by walking into a ditcb owned by the appellant, the Boise City Canal Company, running through the city of Boise for a large portion of the way along the north side of Grove street, in said city, but upon the highway. The accident occurred between Eighth and Ninth streets. The respondents were traveling along said highway, returning in a cab from the depot to the Overland Hotel, where they were stopping. After…
2Cited by11 opinions
- Cheney v. Palos Verdes Investment Corp.Idaho Supreme Court · 1983
- Suitts v. First Security Bank of Idaho, N.A.Idaho Supreme Court · 1985
- Summerfield v. PringleIdaho Supreme Court · 1943
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
- McLean v. City of LewistonIdaho Supreme Court · 1902
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