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5 Idaho opinions name it 1 courts 1965–2021 1 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Brizendine v. Nampa Meridian Irrigation Districtgreen2 sentences2021“The doctrine of res ipsa loquitur is applicable when two elements co-exist: (1) the agency or instrumentality causing the injury was under the exclusive control and management of the defendant; and (2) the circumstances were such that common knowledge and experience would justify the inference that the accident would not have ordinarily happened in the absence of negligence.” Brizendine v. Nampa Meridian Irrigation Dist., 97 Idaho 580, 583 , 8 548 P.2d 80, 83 (1976). 2021“The doctrine of res ipsa loquitur is applicable when two elements co-exist: (1) the agency or instrumentality causing the injury was under the exclusive control and management of the defendant; and (2) the circumstances were such that common knowledge and experience would justify the inference that the accident would not have ordinarily happened in the absence of negligence.” Brizendine v. Nampa Meridian Irrigation Dist., 97 Idaho 580, 583 , 8 548 P.2d 80, 83 (1976). | 1 | 1 |
Hagan & Cushing Co. v. Washington Water Power Co.green1 sentence1973Hagan & Cushing Co. v. Washington Water Power Co., 99 F.2d 614, 616 (9th Cir. 1938) (applying Idaho law) ; Whitt v. Jarnagin, supra, C. | 1 | 1 |
Ness v. West Coast Airlines, Inc.green2 sentences1972See Ness v. West Coast Airlines, 90 Idaho 111, 116 , 410 P.2d 965 (1965) (a negligence case against an air carrier wherein the court stated, “We do not think the doctrine of res ipsa loquitur is applicable in this case, because there was evidence that the dropping of the plane was caused by an air current or air turbulence, and there was no showing, either by specific evidence or common knowledge, that such motion of a plane does not occur in the absence of negligence in the operation of the aircraft.”). 1972See Ness v. West Coast Airlines, 90 Idaho 111, 116 , 410 P.2d 965 (1965) (a negligence case against an air carrier wherein the court stated, “We do not think the doctrine of res ipsa loquitur is applicable in this case, because there was evidence that the dropping of the plane was caused by an air current or air turbulence, and there was no showing, either by specific evidence or common knowledge, that such motion of a plane does not occur in the absence of negligence in the operation of the aircraft.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
SH Kress & Company v. Godman
green
2 sentences1979Kress v. Godman, 95 Idaho 614 , 515 P.2d 561 (1973), relied upon by the court below in granting summary judgment, this Court held: “The appellant’s second assignment of error urges that the doctrine of res ipsa loquitur is applicable to the facts of this case. 1979Kress v. Godman, 95 Idaho 614 , 515 P.2d 561 (1973), relied upon by the court below in granting summary judgment, this Court held: “The appellant’s second assignment of error urges that the doctrine of res ipsa loquitur is applicable to the facts of this case. | 1 | 1979–1979 |
Whitt v. Jarnagin
green
1 sentence1973Hagan & Cushing Co. v. Washington Water Power Co., 99 F.2d 614, 616 (9th Cir. 1938) (applying Idaho law) ; Whitt v. Jarnagin, supra, C. | 1 | 1973–1973 |
Cudney v. Midcontinent Airlines, Inc.
green
2 sentences1965Cudney v. Midcontinent Airlines, Inc., 363 Mo. 922 , 254 S.W.2d 662 (1953). ■ However, as to actionable negligence of air carriers: “ * * * in several cases where plaintiffs were injured by the plane’s’ lurching or dropping upon encountering turbulent atmospheric conditions, negligence on the part of the carrier has been alleged to consist of its em-' *117 ployee’s' or pilot’s failure or omission to warn passengers to fasten their seat belts under circumstances where the pilot knew, or in the exercise of the proper degree of care should have known, that dangerous turbulence was likely to be en 1965Cudney v. Midcontinent Airlines, Inc., 363 Mo. 922 , 254 S.W.2d 662 (1953). ■ However, as to actionable negligence of air carriers: “ * * * in several cases where plaintiffs were injured by the plane’s’ lurching or dropping upon encountering turbulent atmospheric conditions, negligence on the part of the carrier has been alleged to consist of its em-' *117 ployee’s' or pilot’s failure or omission to warn passengers to fasten their seat belts under circumstances where the pilot knew, or in the exercise of the proper degree of care should have known, that dangerous turbulence was likely to be en | 1 | 1965–1965 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.