SMITH v. SHARP

Nos. 8842, 8846.

354 P.2d 172 (1960)

Don C. SMITH and Alice V. Smith, husband and wife, Plaintiffs-Appellants, v. Merrill Kim SHARP, Merrill J. Sharp and City of Pocatello, a Municipal Corporation, Defendants and Respondents. George L. STONE and Elvera Stone, husband and wife, Plaintiffs-Appellants, v. Merrill Kim SHARP, Merrill J. Sharp and Merrill Kim Sharp by Merrill J. Sharp, Guardian ad litem, and City of Pocatello, a Municipal Corporation, Defendants and Respondents.

Supreme Court of Idaho.

Rehearing Denied August 2, 1960.


Attorney(s) appearing for the Case

Mark B. Clark and Louis F. Racine, Jr., Pocatello, for appellants Smith.

O.R. Baum, Ben Peterson, and Ruby Y. Brown, Pocatello, for appellants Stone.

Merrill & Merrill, Pocatello, for defendants Sharp.

Gerald W. Olson and Milton E. Zener, Pocatello, for City of Pocatello.


TAYLOR, Chief Justice.

These actions were brought by the respective parents (appellants) of Marilee Smith and Verda Mae Stone, teen-age girls, who were drowned in the Portneuf river in the defendant (respondent) City of Pocatello, when the car in which they were passengers went through the barrier at the dead end of South Hayes street and plunged into the river, at about 9:40 p. m., February 10, 1958.

The car was driven by defendant Merrill Kim Sharp. The...

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