Holt v. Spokane & Palouse Railway Co.

Citations

• 4 Idaho 443
• 40 P. 56
• 1895 Ida. LEXIS 35

Syllabus

<p>'Death of Minor Child — Negligence—Contributory Negligence.— Wliere damage is claimed, for death of minor child by reason of the negligence and carelessness of defendant, it must affirmatively appear from the evidence that the accident resulted from the negligence and carelessness of the defendant and that the imprudence or negligence of the plaintiff did not contribute to the result.</p> <p>-Insufficiency of Evidence — Case may be Taken from Jury. — When the evidence clearly shows that plaintiff has not made his case the ease may be taken from the jury or the jury may be instructed to bring in a verdict in favor of the defendant.</p> <p>(Syllabus by the court.)</p>