McKenna v. Grunbaum
Idaho Supreme Court
APPEAL from the District Court of the Third .Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for damages. Judgment of nonsuit. On motion by the defendant for nonsuit after the plaintiff has introduced his evidence and rested his case, the defendant must be deemed to have admitted all the facts of which there is any evidence and all the facts which the evidence tends to prove, and the evidence must be interpreted most strongly against the defendant.
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APPEAL from the District Court of the Third .Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for damages. Judgment of nonsuit. On motion by the defendant for nonsuit after the plaintiff has introduced his evidence and rested his case, the defendant must be deemed to have admitted all the facts of which there is any evidence and all the facts which the evidence tends to prove, and the evidence must be interpreted most strongly against the defendant. (McAlinden v. St. Maries Hospital Assn., 28 Ida. 657, Ann. Cas. 1918A, 880, 156 Pac. 115; Southern Idaho Conference…
1Opinion of the CourtMorgan, C. J.
On February 24, 1915, Frank J. Mc-Kenna, husband of Helen A., and father of Frances Palmer McKenna, was killed by falling down an elevator shaft in a building owned by Leo P. Grunbaum' and leased by him, in 1909 and 1910, to Studebaker Brothers Company of Utah, a corporation, hereinafter called the company.
The building consisted of two stories and a basement and, qn March 30, 1914, the company leased certain rooms on the *51first and second floors to McKenna. At that time there was no entrance to the freight elevator from the room on the first floor let to him and thereafter nsed as a garage. It…
Also in this document: Concurrence.
2Cases cited16 opinions
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
- Horton v. EarlySupreme Court of Oklahoma · 1913
- Gregor v. CadySupreme Judicial Court of Maine · 1889
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3Cited by10 opinions
- Denton v. City of Twin FallsIdaho Supreme Court · 1933
- Hendrix v. City of Twin FallsIdaho Supreme Court · 1934
- Adkins v. ZalaskyIdaho Supreme Court · 1938
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- Garrett v. Eugene Medical CenterOregon Supreme Court · 1950
5 more not listed; retrieve them via the Exa API.