Legal Opinion

Worden v. Witt

Idaho Supreme Court

Decided April 4, 1895PublishedCited by 29 opinions

APPEAL from District Court, Latah County. In this action two questions are presented for consideration: 1. Is the municipality — the county of Idaho — liable to the plaintiff? This contention is raised by the original complaint to which a demurrer was sustained. 2. If the municipality is not liable, are defendants individually liable under the facts set out for negligence in the performance of duties imposed on them by law? Liability for injuries such as are set up in this…

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APPEAL from District Court, Latah County. In this action two questions are presented for consideration: 1. Is the municipality — the county of Idaho — liable to the plaintiff? This contention is raised by the original complaint to which a demurrer was sustained. 2. If the municipality is not liable, are defendants individually liable under the facts set out for negligence in the performance of duties imposed on them by law? Liability for injuries such as are set up in this action attaches when the municipality is charged with the duty and invested with the power of keeping its highways in…

1Opinion of the CourtHuston, J.

Plaintiff sued defendants, as commissioners «of Idaho county, for injuries alleged to have been sustained by him through defects in a certain bridge in said county, while passing across the same. A general demurrer was interposed to the complaint, which was sustained by the court, and leave given plaintiff to amend, which was done. By agreement of (counsel, the title of the case was changed, in the summons and ■complaint, by striking out the words “Commissioners of Idaho County.” The case was tried to a jury,, and after the evidence -on the part of the plaintiff was submitted, on motion of…

2Cases cited2 opinions

  1. Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
  2. Gorman v. Commissioners of Boise CountyIdaho Supreme Court · 1877

3Cited by29 opinions

  1. Smith v. StateIdaho Supreme Court · 1970
  2. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  3. Longstreet v. County of MecostaMichigan Supreme Court · 1924
  4. State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
  5. Richardson v. BelknapSupreme Court of Colorado · 1923

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