(Download) "James W. Blaine v. John W. Byers" by Supreme Court of Idaho No. 9876 # eBook PDF Kindle ePub Free
eBook details
- Title: James W. Blaine v. John W. Byers
- Author : Supreme Court of Idaho No. 9876
- Release Date : January 22, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellants John W. Byers, Boise Cascade Corporation and Boise National Leasing Corporation appeal from a judgment awarding respondent James W. Blaine $25,000 damages in a personal injury action following a jury trial in the district court for Ada County. Liability of the appellants is not disputed. The central issue presented by the appeal is whether the trial Judge should have entered judgment on the jury verdict of $25,000, which appellants assert was an excessive award totally unsupported by the evidence adduced at trial. On December 1, 1964, respondent Blaine was injured in a traffic accident in a rear end type collision with a truck driven by John W. Byers for the Boise Cascade Corporation. Boise National Leasing Corporation owned the two-and-a-half ton truck which it had leased to Boise Cascade. The accident occurred at the intersection of Phillipi Street and Overland Road in the city of Boise. The respondent's station wagon was stopped behind another vehicle, which had stopped at the intersection and was waiting for traffic before making a left-hand turn onto Phillipi Street. Byers was proceeding meanwhile along Overland toward the intersection, saw the stopped vehicles up ahead, but was unable to stop his truck, because of the wet pavement that day, in time to avoid the collision with the Blaine automobile. The record indicates that while Byers was driving within the speed limit, he was probably not sufficiently attentive to the traffic immediately in front of him on Overland.