Axtell v. Northern Pacific Railway Co.

Citations

• 9 Idaho 392
• 74 P. 1075
• 1903 Ida. LEXIS 46

Syllabus

<p>Master and Servant — Torts oe Servant — Instructions—Hearsay Evidence — Acts oe God.</p> <p>1. The giving of conflicting and contradictory instructions upon a material question to be considered by the jury is error, and ground for reversal.</p> <p>2. An instruction telling the jury that the master is liable for the wrongful acts of his servants if done in the course ¡of their employment ‘ ‘ even though the master did not authorize or did not know of such acts, or may have forbidden them,” examined, and held erroneous and not correctly stating the law applicable to this case.</p> <p>3. In an action against a railroad company for the wrongful acts of its employees, it must be shown that the person committing the injury was the employee of the company; and the difficulty of making the proof cannot obviate the necessity of doing so, although it may permit of slighter evidence than otherwise might be required.</p> <p>4. Statements made by a person not shown to be an agent or employee of the party against whom such statements are sought to be introduced are incompetent and inadmissible unless such employment or agency be shown.</p> <p>5. The following question held incompetent and improper to prove damages: “What estimate do you place upon the damages that were caused you by being thrown out of a home; that is, apart from the value of your property?”</p> <p>6. No liability attaches to anyone for damages sustained by reason of the acts of God and the forces of nature; but one who by his wrongful acts augments, diverts or accelerates those forces in such a manner as to injure another is liable in damages therefor.</p> <p>(Syllabus by the court.)</p>