BATES v. SIEBRAND BROS. CIRCUS & CARNIVAL

No. 7674.

231 P.2d 747 (1951)

BATES et ux. v. SIEBRAND BROS. CIRCUS & CARNIVAL et al.

Supreme Court of Idaho.

May 8, 1951.


Attorney(s) appearing for the Case

O. R. Baum, Ben Peterson, and Darwin Brown, all of Pocatello, for appellant.

Holden & Holden and Robert V. Kidwell, all of Idaho Falls, for respondent.


TAYLOR, Justice.

On September 18, 1948, during the course of the eastern Idaho fair, the defendants were operating a "miniature" or "choochoo" train on the fairgrounds at Blackfoot. On the afternoon of that day the plaintiff, Myrtle Alice Bates, with her husband and daughter, attended the fair. While she and her fourteen year old daughter were walking westerly along the south side of the oval track upon which the train ran, she stepped upon the track and was struck...

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