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BANNING v. MINIDOKA IRRIGATION DISTRICT

No. 9638.

406 P.2d 802 (1965)

Robert BANNING and Ethel Banning, his wife, Plaintiffs-Respondents. v. MINIDOKA IRRIGATION DISTRICT, a corporation, Defendant-Appellant. and Union Pacific Railroad Company, a corporation, Gerald Arthur and Reed Arthur, Defendants-Respondents.

Supreme Court of Idaho.

October 15, 1965.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett & Blanton, Boise, for defendant-appellant.

Baum, Peterson & Kugler, Pocatello, for plaintiffs-respondents.

D. A. Bybee, Frederick L. Ringe, Pocatello, for defendant-respondent Union Pac. R. Co.

Merrill & Merrill, Pocatello, for defendants-respondents Arthur.

TAYLOR, Justice.

Plaintiffs (respondents) brought this action to recover damages for the alleged wrongful death of their sixteen-year-old son, Scott Banning. In their complaint plaintiffs allege that the death resulted from a collision between a train, operated by the defendant (respondent) Union Pacific Railroad Company, and an automobile, driven by one of the defendants (respondents) Arthur, with the permission of the owner, the other defendant Arthur. The collision...

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