Adams v. Bunker Hill & Sullivan Mining Co.
Idaho Supreme Court
APPEAL from District Court of the First Judicial District for Shoshone county. Hon. Ralph T. Morgan, Judge. Plaintiffs commenced their action to recover $40,000 damages for the loss of life of the husband and father. At the close of the evidence for plaintiffs a motion for nonsuit was sustained and judgment for costs against plaintiffs. The appeal is from an order overruling a motion for a new trial.
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APPEAL from District Court of the First Judicial District for Shoshone county. Hon. Ralph T. Morgan, Judge. Plaintiffs commenced their action to recover $40,000 damages for the loss of life of the husband and father. At the close of the evidence for plaintiffs a motion for nonsuit was sustained and judgment for costs against plaintiffs. The appeal is from an order overruling a motion for a new trial. The instinct of self-preservation and the disposition of men to avoid personal harm re-enforce an inference that a person killed or injured was in the exercise of ordinary care. (16 Cye. of L. &…
1Opinion
ON REHEARING.
(Syllabus by the court.) F. C. Robertson, Harry Rosenhaupt, Fred Miller and H. P. Knight, for Appellants. M. A. Folsom, A. H. Featherstone and J. H. Forney, for Respondent on rehearing. AILSHIE, C. J.
A rehearing was granted in this case and after hearing further argument and again examining the record, as well as the authorities cited, we are satisfied that the conclusion of the court was correct on the former hearing.
The principal contentions made by respondent on the rehearing are that if the injury was caused by any lack of repair of the machinery or a defect in the…
2Cases cited20 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
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