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DAVIS v. McDOUGALL

No. 10592.

480 P.2d 907 (1971)

94 Idaho 61

Jodi Jan DAVIS, a minor child, by and through her Guardian Ad Litem, Jana Davis, and Jana Davis, individually, Plaintiffs-Appellants, v. Isaac McDOUGALL, individually, and as Executor of the Last Will and Testament of Grace McDougall, Deceased, and as Trustee for Catherine McDougall Van Vleck, Amelia Robinson, individually and as Trustee for Catherine McDougall Van Vleck, William McDougall, individually and as Trustee for Catherine McDougall Van Vleck, and the Estate of Grace McDougall, Deceased, Defendants-Respondents.

Supreme Court of Idaho.

February 11, 1971.

Attorney(s) appearing for the Case

J. Blaine Anderson, Furchner & Anderson, Blackfoot, for plaintiffs-appellants.

Baum & Peterson, and Whittier & McDougall, Pocatello, for defendants-respondents.

SPEAR, Justice.

This is an appeal from an order of the district court granting summary judgment against Jodi Jan Davis and Jana Davis, appellants herein, denying recovery to them for personal injuries suffered by the former and which were allegedly caused by the negligence of Isaac McDougall, respondent.

Jodi Jan Davis, a three and one-half year old child, and her mother, Jana Davis, were tenants of an apartment house controlled and operated by Isaac McDougall...

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