Idaho Supreme Court, 1957

Hoffman v. Barker

Idaho Supreme Court · Decided October 31, 1957 · Keeton, McQuade, Porter, Smith, Taylor

79 Idaho 349; 317 P.2d 340; 1957 Ida. LEXIS 226

Cases that cite this one

1 later published case cites this decision.

Hoffman v. Barker (Idaho 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

KEETON, Chief Justice

(dissenting).

For reasons stated in the dissenting opinion in Case No. 8580 I dissent. The judgment of dismissal should be affirmed.

Opinion of the Court

PORTER, Justice.

This case is a companion case to No. 8580, entitled William Byron Hoffman v. Barker, 317 P.2d 335*. The two cases were presented together to this court. The facts in the two cases are identical except that in this case the parents of the minor, William Byron Hoffman, are maintaining this action to recover damages suffered by them as the result of the injuries to their minor son.

In this action also the court sustained a general demurrer by respondent, Marion J. -Hess, and/or. Marion J. Hess. Construction *350Company, and entered a judgment of dismissal of the cause as against such respondent. Upon the reasoning and authority of the decision in .Case No. 8580, such judgment of dismissal is reversed and the cause remanded to the trial court with directions to re-instate such cause, overrule the general demurrer and to proceed further in the premises. Costs awarded to appellants as against respondent, Marion J. Hess, and/or Marion J. Hess Construction Company.

TAYLOR, SMITH and McQUADE, JJ., concur.

79 Idaho 339.

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