Horn v. Boise City Canal Co.

Citations

• 7 Idaho 640
• 65 P. 145
• 1901 Ida. LEXIS 24

Syllabus

<p>Measure op Damages — Personae Injuries — Discretion op Jury.— In ease of personal injury resulting from carelessness, mental and physical suffering are elements of damage, the amount of which must he left to the good sense and sound judgment of the jury, whose verdict should not be disturbed except in case of a clear abuse of discretion.</p> <p>Negligence — Property Abutting on Highway — Security to the Public. — The owner of a ditch which is upon a public street in a city is under obligation to keep it in such condition as the safety of persons traveling upon the street, and exercising reasonable care, to avoid danger, demand, and the failure to keep same in such safe condition is negligence, and renders the owner liable to damages for personal injuries resulting from such condition, in case the injured party is not guilty of contributory negligence.</p> <p>(Syllabus by the court.)</p>