CLEAR v. MARVIN

No. 9050.

363 P.2d 355 (1961)

Gerald A. CLEAR, Father of Nancy Joan Clear, a minor, now deceased, Plaintiff-Respondent, v. Leland G. MARVIN, Defendant-Appellant.

Supreme Court of Idaho.

July 5, 1961.


Attorney(s) appearing for the Case

Martinson & Gale, Moscow, Hawkins & Miller, Coeur d'Alene, for appellant.

McCarthy & Adams, Lewiston, Sharp & Bishop, Clarkston, Wash., for respondent.


PER CURIAM.

Plaintiff (respondent) brought this action to recover damages from defendant (appellant) for the wrongful death of plaintiff's nine-year-old daughter, alleged to have been caused by the negligence of the defendant. Upon plaintiff's motion for a summary judgment the trial court found that the child's death was the result of gross negligence on the part of defendant; that the defendant was liable therefor as a matter of law; and that there was a genuine...

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