CUNNINGHAM v. BUNDY

Nos. 12917, 13055.

600 P.2d 132 (1979)

100 Idaho 456

John E. CUNNINGHAM and Georgia C. Cunningham, husband and wife, Plaintiffs, Respondents, and Cross-Appellants, v. Mary BUNDY and Eugene Bundy, Defendants, Appellants, and Cross-Respondents.

Supreme Court of Idaho.

September 20, 1979.


Attorney(s) appearing for the Case

Michael J. Verbillis, Coeur d'Alene, for plaintiffs-respondents and cross-appellants.

James W. Atwood, Coeur d'Alene, for defendants-appellants and cross-respondents.


BISTLINE, Justice.

On August 17, 1975, at about 8:15 p.m., plaintiff Georgia Cunningham was a passenger in a car being driven by her brother on a public highway along the Coeur d'Alene River in Shoshone County. Just after passing the Mary Bundy property, the car was struck by Eugene Bundy's horse which had gotten out of its fenced pasture and, apparently spooked, unsuccessfully attempted to jump over the passing car.

It was undisputed that: 1) plaintiff suffered...

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