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73 Idaho 13

Perry v. Perkins

Idaho Supreme Court

Decided June 10, 1952

Idaho Supreme Court · decided 1952-06-10

Relies on Perry v. Perkins

Decided 1952-06-10

THOMAS, Justice.

¶1This is a companion case to Perry v. Perkins, 73 Idaho 4, 245 P.2d 405, arising out of the same accident. The same questions raised by this appeal were raised in and disposed of in the companion case.

¶2Upon the authority of that case, decided this day, the judgment of dismissal in the instant case is reversed, with instructions to the lower court to reinstate the case and permit the appellants to file the amended complaint.

¶3Costs to appellants.

GIVENS, C. J., and PORTER, J., concur.TAYLOR and KEETON, JJ., dissent.
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