Fleming v. Benson

• Decision Date: 02 November 1918
• Citation: Fleming v. Benson, 32 Idaho 103, 178 P. 482 (Idaho 1918)
• Parties: ROBERT FLEMING, Respondent, v. C. H. BENSON, Appellant
• Court: Idaho Supreme Court

178 P. 482

32 Idaho 103

ROBERT FLEMING, Respondent, v. C. H. BENSON, Appellant

Supreme Court of Idaho

November 2, 1918

APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James R. Bothwell, Presiding Judge.

Action for damages. Judgment for plaintiff. Appeal from an order denying a motion for a new trial. Dismissed.

Appeal dismissed. Costs awarded to respondent.

O'Brien & Glennon, for Appellant, cite no authorities on point decided.

Stevens & Clute and H. E. Ray, for Respondent.

A judgment will not be reversed where the evidence is conflicting and there is substantial evidence to support the verdict of the jury. (Gumaer v. White Pine Lbr. Co., 11 Idaho 591, 83 P. 771; Just v. Idaho Canal etc. Co., 16 Idaho 639, 133 Am. St. 140, 102 P. 381; Quayle v. Ream, 17 Idaho 545, 106 P. 610; Friedrich v. Donahue, 20 Idaho 92, 116 P. 1029; McMahon v. Cooper, 23 Idaho 413, 130 P. 456.)

MORGAN, J. Budge, C. J., and Rice, J., concur.

OPINION

MORGAN, J.

The record in this case is in the same condition as is that in case of Smith v. Benson, ante, p. 99, 178 P. 480. Upon authority of that case, and cases therein cited, this appeal is dismissed. Costs are awarded to respondent.

Budge, C. J., and Rice, J., concur.