Citation Numbers: 256 P. 91, 43 Idaho 517
Judges: BAUM, District Judge.
Filed Date: 2/5/1927
Status: Precedential
Modified Date: 1/12/2023
This is a companion case to the case of Mary Jakeman et al.v. Oregon Short Line R. R. Co., P.J. McDermott, J.S. Stoddard,A.E. Graham and Curtis B. Hill, ante, p. 505,
The trial of this cause was had immediately following the trial of the above-mentioned cause and resulted in a verdict for the plaintiff, respondent herein, from which the defendants, appellants herein, appeal.
The evidence introduced in this trial was in all respects similar to the evidence introduced in the trial of the other action, save and except that one additional witness was produced by the respondents and like errors were committed, as are enumerated in the companion case, and while it is true that the respondent alleges and introduced proof thereof, that Floyd Jakeman was a guest of his father, James W. Jakeman, this fact does not obviate a reversal of the cause on account of the errors committed as referred to in the opinion of the other case.
Therefore, upon the authority of such cause it is ordered that this cause be reversed and a new trial granted.
Givens, Taylor and T. Bailey Lee, JJ., concur.
Budge, J., took no part.
Wm. E, Lee, C.J., dissents.
Petition for rehearing denied. *Page 519