Idaho Supreme Court April 29, 1941, No. 6880. (Owen v. Taylor Ex Rel. Taylor)

lead-opinion

HOLDEN, J.

The accident out of which this litigation arose happened near Ontario, Oregon, May 12, 1938. This action was commenced in the district court of Payette County, Idaho, July 15, 1939. February 8, 1940, respondent filed an amended complaint. Appellant answered denying the allegations of gross negligence, but did not plead contributory negligence.