Cox v. Crane Creek Sheep Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Boise County. Hon. Charles F. Reddoeh, Judge, Action for damages for trespass of sheep. Judgment for plaintiff. Defendant appeals. “The court should compel witnesses to particularize and specify the items of damage and not permit lump sum estimates. The jury must determine the amount of damages and the statement by a witness of his conclusion as to a lump sum furnishes no basis for calculation by the jury.”
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APPEAL from the District Court of the Third Judicial District, for Boise County. Hon. Charles F. Reddoeh, Judge, Action for damages for trespass of sheep. Judgment for plaintiff. Defendant appeals. “The court should compel witnesses to particularize and specify the items of damage and not permit lump sum estimates. The jury must determine the amount of damages and the statement by a witness of his conclusion as to a lump sum furnishes no basis for calculation by the jury.” (McGuire v. Post Falls Lumber Co., 23 Ida. 608, 131 Pac. 654; McKissick v. Oregon Short Line By. Co., 13 Ida. 195, 89…
1Opinion of the Court
DUNN, J. —
This action was brought by respondent against appellant to recover $700 damages which respondent claims to have suffered by appellant’s grazing its sheep on 320 acres of land owned by respondent in Boise county. The case was tried before the court with .a jury and a verdict returned in favor of respondent for $650, for which amount judgment was rendered, together with costs amounting to $75.50. Appeal was taken from said judgment.
Appellant specifies numerous errors, only two of which it will be necessary to notice. In attempting to prove ownership of the sheep that did the damage…
2Cases cited4 opinions
- McKissick v. Oregon Short Line Railway Co.Idaho Supreme Court · 1907
- Hatch Bros. v. BlackWyoming Supreme Court · 1917
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- McGuire v. Post Falls Lumber & Manufacturing Co.Idaho Supreme Court · 1913
3Cited by9 opinions
- Vancil v. AndersonIdaho Supreme Court · 1951
- Killinger v. IestIdaho Supreme Court · 1967
- Lightner v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1932
- Miller & Lux Inc. v. PinelliCalifornia Court of Appeal · 1927
- Hanson v. SeawellIdaho Supreme Court · 1922
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