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Gorton v. Doty - 57 Idaho 792, 69 P.2d 136, 1937 Ida. LEXIS 97

Rule:

In determining whether the evidence is sufficient to establish negligence, all the facts and circumstances surrounding the accident must be weighed and considered. 

Facts:

The son, Richard Gorton, was injured in a car accident while being transported to a school football game. The Richard's coach was the driver of the owner's car. The theory of recovery against the owner by Richard and R. S. Gorton, his father, was based upon the alleged negligence of the coach, acting as the special agent of the owner. The owner, Charlotte Doty, argued that no agency relationship existed, because she loaned her car to the coach. The father and son brought suit against Doty for injuries sustained in an automobile accident. The District Court of the Fifth Judicial District, Caribou County (Idaho) entered judgments in favor of the father and the son. The trial court denied the Doty's motions for new trial. Doty appealed.

Issue:

Did the trial court err in denying Doty's motion for mistrial?

Answer:

No

Conclusion:

The Court determined that the evidence supported the finding that the relationship of principal and agent existed between the coach and the owner. The Court found that the trial court did not err in denying the owner's motion for mistrial and concluded that the trial court properly instructed the jury. The Court concluded that no substantial error occurred in the trial court.

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