RUSSELL v. CITY OF IDAHO FALLS

No. 8431.

305 P.2d 740 (1956)

Beatrice P. RUSSELL and Walter C. Musgrave, State Insurance Manager, State of Idaho, Plaintiffs-Appellants, v. CITY OF IDAHO FALLS, a municipal corporation, and Union Pacific Railroad Company, a corporation, Defendants-Respondents.

Supreme Court of Idaho.

December 24, 1956.


Attorney(s) appearing for the Case

Merrill & Merrill, Pocatello, Glenn A. Coughlan, Boise, L. H. Merrill, Idaho Falls, for appellants.

Albaugh, Bloem, Barnard & Smith, Idaho Falls, for respondent City of Idaho Falls.

L. H. Anderson, E. C. Phoenix and M. R. Smyser, Pocatello, Bryan P. Leverich, Salt Lake City, Utah, for respondent Union Pac. R. Co.


SMITH, Justice.

Respondent Union Pacific Railroad Company hereinafter sometimes is called the Railroad, and respondent City of Idaho Falls, the City.

Appellant Beatrice P. Russell seeks recovery of damages for the death of her husband Charles F. Russell, which occurred August 31, 1954, by electrocution allegedly caused by the negligence of respondents. Appellant Walter C. Musgrave, as Manager of State Insurance Fund, asserts subrogated rights of recovery of...

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