Graves ex rel. Hathaway v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eigbtb Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action for damages for death of plaintiff’s father and mother. Judgment for plaintiff. It is the duty of a, person about to cross a railway track to stop, look and listen. (Wheeler v. Oregon Ii. <&' N. Co., 16 Ida. 375, 102 Pac. 347.) Failure to do so is negligence per se. (Burrow v. Idaho etc.
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APPEAL from tbe District Court of tbe Eigbtb Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action for damages for death of plaintiff’s father and mother. Judgment for plaintiff. It is the duty of a, person about to cross a railway track to stop, look and listen. (Wheeler v. Oregon Ii. <&' N. Co., 16 Ida. 375, 102 Pac. 347.) Failure to do so is negligence per se. (Burrow v. Idaho etc. B. B., 24 Ida. 652, 135 Pae. 838.) A railway company has the right to assume that the traveling public will look and listen for a passing train, and that having looked and listened they will…
1Opinion of the CourtBudge, C. J.
Two actions were brought by the respondent, Clifford Graves, a minor, against the appellant; one for the death of his father, Minor Graves, the other for the death of his mother, Clara M. Graves, occasioned while the deceased were in the act of crossing appellant’s railroad track, in an automobile, at Cocolalla. The cases were tried together, a jury being waived. The court rendered findings and judgment in favor of respondent, awarding him $8,500 for the death of his father, and $3,500 for the death of his mother.From these judgments and from an order overruling appellant’s motion for a new…
2Cases cited16 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Chicago, R. I. & P. Ry. Co. v. BaroniSupreme Court of Oklahoma · 1912
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1911
- Hull v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- Geist v. MooreIdaho Supreme Court · 1937
- Department of Finance v. Union Pacific RailroadIdaho Supreme Court · 1940
- Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940
- Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.