Ford v. TRANSPORT HOLDING CORPORATION

Idaho Supreme Court

Ford v. TRANSPORT HOLDING CORPORATION

529 P.2d 784, 96 Idaho 388, 1974 Ida. LEXIS 465

CourtIdaho Supreme Court

DecidedDecember 26, 1974

Docket11375

StatusPublished

Cited by2 cases

This text of 529 P.2d 784 (Ford v. TRANSPORT HOLDING CORPORATION) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ford v. TRANSPORT HOLDING CORPORATION, 529 P.2d 784, 96 Idaho 388, 1974 Ida. LEXIS 465 (Idaho 1974).

Pincite

Opinion

PER CURIAM:

Respondent Edwin E. Ford left his truck with appellant Transport Holding Corporation for repairs. After the repairs were completed, the appellant placed the vehicle •in its lot without checking the antifreeze level in the radiator. On or about October 29, 1971, the temperature fell to 11°, and the engine block froze and burst. The trial court found for the plaintiff owner against appellant in the amount of $5,119.-32, and appellant has appealed.

The trial court, applying the rule announced by this Court in Low v. Park Price Company, 95 Idaho 91, 503 P.2d 291 (1972), held that appellant had not satisfied its burden of showing that it used reasonable care in protecting the bailed property and therefore held that appellant was negligent. We have reviewed the record and find there is substantial evidence to support the trial court’s finding and therefore it will not be disturbed. Benner v. Farm Bureau Mutual Ins. Co. of Idaho, Inc., 96 Idaho 311, 528 P.2d 193 (1974). We have reviewed the other assignments of error of appellant and find no reversible error.

Judgment affirmed. Costs to respondent.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Respondent Edwin E. Ford left his truck with appellant Transport Holding Corporation for repairs. After the repairs were completed, the appellant placed the vehicle •in its lot without checking the antifreeze level in the radiator. On or about October 29, 1971, the temperature fell to 11°, and the engine block froze and burst. The trial court found for the plaintiff owner against appellant in the amount of $5,119.-32, and appellant has appealed.

The trial court, applying the rule announced by this Court in Low v. Park Price Company, 95 Idaho 91, 503 P.2d 291 (1972), held that appellant had not satisfied its burden of showing that it used reasonable care in protecting the bailed property and therefore held that appellant was negligent. We have reviewed the record and find there is substantial evidence to support the trial court’s finding and therefore it will not be disturbed. Benner v. Farm Bureau Mutual Ins. Co. of Idaho, Inc., 96 Idaho 311, 528 P.2d 193 (1974). We have reviewed the other assignments of error of appellant and find no reversible error.

Judgment affirmed. Costs to respondent.

Cite This Page — Counsel Stack

Bluebook (online)

529 P.2d 784, 96 Idaho 388, 1974 Ida. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-transport-holding-corporation-idaho-1974.

Opinion

Related

Cite This Page — Counsel Stack