[Download] "Herb James v. State Idaho" by Supreme Court of Idaho No. 9509 * Book PDF Kindle ePub Free

eBook details

Title: Herb James v. State Idaho
Author : Supreme Court of Idaho No. 9509
Release Date : January 22, 1964
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

Mr. and Mrs. Herb James, as plaintiffs (appellants herein) instituted this action to recover damages for alleged deprivation of access to their business property. Subsequent to the filing of this action, Mr. James passed away; by stipulation his widow, the administratrix of his estate, has been substituted as a plaintiff. Appellants by their complaint seek $40,000 damages for loss of value to their business property as a result of alleged impaired access to it. To the complaint respondent filed a motion to dismiss, which the trial court, under the provisions of I.R.C.P. 12(b) treated as a motion for summary judgment, and dismissed the action. It is from such summary judgment that this appeal was taken, with the sole issue for consideration being whether the court erred in entering the summary judgment.