reglab/housing_qa huggingface dataset:
ID Code § 5-228A (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-228A - TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME.

5-228A. TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME. Whenever, pursuant to an Idaho statute, the final day to commence an action or file a document with a court falls on a day that the office of the clerk of the district court is usually open for the transaction of business with the public, but whose office has been closed for all or part of the day by the administrative judge or his designee due to severe weather conditions or a real or threatened emergency, the time for performing the act shall be extended to the end of business hours of the first full day the office of the clerk is reopened for the transaction of business with the public.  History: [5-228A, added 2004, ch. 321, sec. 1, p. 905.]
ID Code § 5-229 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-229 - ABSENCE OF DEFENDANT FROM STATE.

5-229. ABSENCE OF DEFENDANT FROM STATE. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.  History: [(5-229) C.C.P. 1881, sec. 169; R.S., R.C., & C.L., sec. 4069; C.S., sec. 6622; I.C.A., sec. 5-229.]
ID Code § 5-230 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-230 - PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY.

5-230. PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY. If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either: 1. Under the age of majority; or 2. Insane.[;] The time of such disability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant’s absence from the jurisdiction, any legal disability or for other cause or reason except as specifically provided in section 5-213, Idaho Code.  History: [(5-230) C.C.P. 1881, sec. 170; R.S., R.C., & C.L., sec. 4070; C.S., sec. 6623; I.C.A., sec. 5-230; am. 1976, ch. 276, sec. 1, p. 950; am. 1985, ch. 74, sec. 1, p. 149; am. 1993, ch. 120, sec. 1, p. 309.]
ID Code § 5-232 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-232 - ALIENS IN TIME OF WAR.

5-232. ALIENS IN TIME OF WAR. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.  History: [(5-232) C.C.P. 1881, sec. 172; R.S., R.C., & C.L., sec. 4072; C.S., sec. 6625; I.C.A., sec. 5-232.]
ID Code § 5-233 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-233 - REVERSAL OF JUDGMENT — NEW ACTION.

5-233. REVERSAL OF JUDGMENT — NEW ACTION. If an action is commenced within the time prescribed therefor and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one (1) year after the reversal.  History: [(5-233) C.C.P. 1881, sec. 173; R.S., R.C., & C.L., sec. 4073; C.S., sec. 6626; I.C.A., sec. 5-233.]
ID Code § 5-234 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-234 - ACTION STAYED BY INJUNCTION OR STATUTE.

5-234. ACTION STAYED BY INJUNCTION OR STATUTE. When the commencement of an action is stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.  History: [(5-234) C.C.P. 1881, sec. 174; R.S., R.C., & C.L., sec. 4074; C.S., sec. 6627; I.C.A., sec. 5-234.]
ID Code § 5-235 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-235 - WHEN DISABILITY MUST EXIST.

5-235. WHEN DISABILITY MUST EXIST. No person can avail himself of a disability unless it existed when his right of action accrued.  History: [(5-235) C.C.P. 1881, sec. 175; R.S., R.C., & C.L., sec. 4075; C.S., sec. 6628; I.C.A., sec. 5-235.]
ID Code § 5-236 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-236 - COEXISTING DISABILITIES.

5-236. COEXISTING DISABILITIES. When two (2) or more disabilities coexist at the time the right of action accrues the limitation does not attach until they are removed.  History: [(5-236) C.C.P. 1881, sec. 176; R.S., R.C., & C.L., sec. 4076; C.S., sec. 6629; I.C.A., sec. 5-236.]
ID Code § 5-237 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-237 - ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.

5-237. ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS. This chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.  History: [(5-237) C.C.P. 1881, sec. 177; R.S., R.C., & C.L., sec. 4077; C.S., sec. 6630; I.C.A., sec. 5-237.]
ID Code § 5-238 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-238 - ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT.

5-238. ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT. No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.  History: [(5-238) C.C.P. 1881, sec. 178; R.S., R.C., & C.L., sec. 4078; C.S., sec. 6631; am. 1923, ch. 49, sec. 1, p. 57; I.C.A., sec. 5-238.]
ID Code § 5-239 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-239 - ACTIONS BARRED IN ANOTHER STATE.

5-239. ACTIONS BARRED IN ANOTHER STATE. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state and who has held the cause of action from the time it accrued.  History: [(5-239) C.C.P. 1881, sec. 179; R.S., R.C., & C.L., sec. 4079; C.S. sec. 6632; I.C.A., sec. 5-239.]
ID Code § 5-240 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-240 - “ACTION” INCLUDES SPECIAL PROCEEDING.

5-240. "ACTION" INCLUDES SPECIAL PROCEEDING. The word "action" as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.  History: [(5-240) C.C.P. 1881, sec. 181; R.S., R.C., & C.L., sec. 4080; C.S., sec. 6633; I.C.A., sec. 5-240.]
ID Code § 5-241 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-241 - ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY.

5-241. ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY. Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an improvement to real property, as follows: (a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement. (b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement. The times fixed by these sections shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action. Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action. As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.  History: [I.C., sec. 5-241, as added by 1965, ch. 101, sec. 1, p. 187.]
ID Code § 5-242 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-242 - IONIZING RADIATION INJURIES — PURPOSE OF ACT.

5-242. IONIZING RADIATION INJURIES — PURPOSE OF ACT. For purposes of this act, "ionizing radiation" means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter; provided, however, that the provisions hereof and of sections 5-243 and 5-244, Idaho Code, shall not be deemed to apply to any action or proceeding to recover damages for professional malpractice, as defined in section 5-219, Idaho Code.  History: [5-242, added 1967, ch. 241, sec. 1, p. 704; am. 1976, ch. 184, sec. 1, p. 670.]
ID Code § 5-243 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-243 - LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES.

5-243. LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES. No action or proceeding may be brought to recover for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than thirty (30) years from the date of the last occurrence to which the injury is attributed.  History: [5-243, added 1967, ch. 241, sec. 2, p. 704.]
ID Code § 5-244 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-244 - LATENT INJURY — EFFECT OF PRIOR RECOVERY.

5-244. LATENT INJURY — EFFECT OF PRIOR RECOVERY. No action or proceeding to recover for latent ionizing radiation damage shall be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding shall actually have been awarded damages for the latent injury, or shall have known or reasonably have been expected to know that such latent damage would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof.  History: [5-244, added 1967, ch. 241, sec. 3, p. 704.]
ID Code § 5-245 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-245 - ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES.

5-245. ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES. An action or proceeding to collect child support arrearages, arising under an Idaho child support order, can be commenced at any time prior to the expiration of the resulting judgment or any renewal thereof. An action or proceeding under this section shall include, but is not limited to, execution on the judgment, order to show cause, garnishment, income withholding, income tax offset or lottery prize offset.  History: [5-245, added 1988, ch. 199, sec. 1, p. 378; am. 1995, ch. 264, sec. 1, p. 846; am. 1996, ch. 56, sec. 1, p. 167; am. 2011, ch. 104, sec. 1, p. 267.]
ID Code § 5-246 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-246 - PRESCRIPTIVE OVERFLOW EASEMENTS.

5-246. PRESCRIPTIVE OVERFLOW EASEMENTS. In conformity with the limitations of actions time period set forth in sections 5-203 through 5-206, Idaho Code, the owner of a dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement over real property which has been inundated or overflowed by the operations of the dam for at least a part of a year for any consecutive five (5) year period prior to commencement of an action by the property owner seeking relief inconsistent with such nonexclusive prescriptive overflow easement. Said dam owner shall be deemed to have not forfeited said nonexclusive prescriptive overflow easement if the reason for the failure to exercise the easement is a lack of water caused by drought or acts of God. It is further provided that if a dam has inundated or overflowed real property for at least a part of a year for the five (5) consecutive years prior to the enactment of this section, then the owner of the dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement hereunder over said real property one (1) year after the enactment of this section, provided, no action seeking relief inconsistent with such nonexclusive prescriptive overflow easement has been commenced by the property owner within one (1) year of the enactment of this section. The provisions of this section shall not be construed to affect the riparian and littoral rights of property owners to have access to and use of waters in this state, or to restrict any use of the underlying property for any purpose otherwise consistent with ownership thereof, even if said use reasonably interferes with the storage of water on the property, but said use shall not unreasonably interfere with the storage of water on the property. Nothing herein shall be deemed to affect any prescriptive overflow easement that any dam owner may have previously acquired under common law. The provisions of this section shall not be construed to apply to the beds of navigable waters lying below the natural or ordinary high watermark as defined in subsection (c) of section 58-1302, Idaho Code, and subsection (9) of section 58-104, Idaho Code, or any other lands owned by the state of Idaho.  History: [5-246, added 1991, ch. 328, sec. 1, p. 846; am. 1991, ch. 267, sec. 1, p. 657; am. 2010, ch. 144, sec. 1, p. 305.]
ID Code § 5-247 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-247 - LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER — LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES.

5-247. LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER — LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES. (1) In this section, "governmental unit" means: (a) A political subdivision of the state, including a municipality or county; and (b) Any other agency of government whose authority is derived from the laws or constitution of this state. (2) Except as provided by subsection (3) of this section, a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of firearms or ammunition to the public. (3) A governmental unit on behalf of the state or any other governmental unit may bring a suit described by subsection (2) of this section if the suit is approved in advance by the legislature by adoption of a concurrent resolution or by enactment of a statute. This subsection does not create a cause of action. (4) Nothing in this section shall prohibit a governmental unit from bringing an action against a firearms manufacturer, trade association or seller for recovery of damages for: (a) Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit; (b) Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or (c) Injunctive relief to enforce a valid ordinance, statute or rule. (5) Nothing in this section shall prohibit the attorney general from bringing a suit described by subsection (2) of this section on behalf of the state or any other governmental unit. This subsection does not create a cause of action.  History: [5-247, added 2000, ch. 470, sec. 1, p. 1600.]
ID Code § 5-248 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 2 - LIMITATION OF ACTIONS|Section 5-248 - VICTIMS OF CRIMES.

5-248. VICTIMS OF CRIMES. (1) For the purpose of any civil action or proceeding brought by a victim of a crime against an offender who committed the crime, for any losses incurred by the victim, which loss was proximately caused by the crime, the limitation periods prescribed by this chapter shall be tolled until one (1) year after the offender has been released from any sentence of incarceration served for that crime and in full satisfaction of the sentence imposed. (2) For purposes of this section "full satisfaction of the sentence imposed" means the full-term release date from incarceration for the crime committed against the victim or the full-term release date from incarceration for any other crime for which the offender is serving time concurrently with, or consecutively to, time served for the crime against the victim, whichever is later.  History: [(5-248) 5-247, added 2000, ch. 150, sec. 1, p. 387; am. and redesig. 2005, ch. 25, sec. 1, p. 82.]
ID Code § 5-302 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-302 - ASSIGNMENT OF THING IN ACTION.

5-302. ASSIGNMENT OF THING IN ACTION. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable instrument transferred, in good faith and upon good consideration, before maturity.  History: [(5-302) C.C.P. 1881, sec. 183; R.S., R.C., & C.L., sec. 4091; C.S., sec. 6635; I.C.A., sec. 5-302.]
ID Code § 5-304 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-304 - MARRIED WOMEN AS PARTIES.

5-304. MARRIED WOMEN AS PARTIES. A woman may while married sue and be sued in the same manner as if she were single: provided, that except in actions between husband and wife the husband shall not be chargeable in any manner with the wife’s costs or other expenses of suit.  History: [(5-304) 1903, p. 345, sec. 3; reen. R.C. & C.L., sec. 4093; C.S., sec. 6637; I.C.A., sec. 5-304.]
ID Code § 5-305 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-305 - HUSBAND AND WIFE SUED TOGETHER.

5-305. HUSBAND AND WIFE SUED TOGETHER. If a husband and wife be sued together the wife may defend her own right, and if the husband neglect to defend she may defend for his right also.  History: [(5-305) C.C.P. 1881, sec. 186; R.S., R.C., & C.L., sec. 4094; C.S., sec. 6638; I.C.A., sec. 5-305.]
ID Code § 5-306 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-306 - INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.

5-306. INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM. When an infant or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending in each case. A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient, to represent the infant, insane or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him.  History: [(5-306) C.C.P. 1881, sec. 187; R.S., R.C., & C.L., sec. 4095; C.S., sec. 6639; I.C.A., sec. 5-306; am. 2012, ch. 20, sec. 1, p. 66.]
ID Code § 5-308 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-308 - ACTION FOR SEDUCTION.

5-308. ACTION FOR SEDUCTION. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.  History: [(5-308) C.C.P. 1881, sec. 189; R.S., R.C., & C.L., sec. 4097; C.S., sec. 6641; I.C.A., sec. 5-308.]
ID Code § 5-309 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-309 - ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.

5-309. ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN. The parents may prosecute as plaintiffs for the seduction of a daughter under the age of majority at the time of the seduction, and the guardian for the seduction of a ward under the age of majority at the time of seduction, though the daughter or ward be not living with or in the service of the plaintiff or plaintiffs at the time of the seduction, or afterward, and there be no loss of service, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone.  History: [(5-309) C.C.P. 1881, sec. 1901; R.S. & R.C., sec. 4098; am. 1915, ch. 120, sec. 2, p. 266; reen. C.L., sec. 4098; C.S., sec. 6642; I.C.A., sec. 5-309.]
ID Code § 5-310 (2021)
2021 Idaho Code|Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD|Chapter 3 - PARTIES TO ACTIONS|Section 5-310 - ACTION FOR INJURY TO UNMARRIED CHILD.

5-310. ACTION FOR INJURY TO UNMARRIED CHILD. The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no issue, and a guardian for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone. Such action may be maintained against the person causing the injury, or if such person be employed by another person, who is responsible for his conduct, also against such other person.  History: [(5-310) C.C.P. 1881, sec. 191; R.S. & R.C., sec. 4099; am. 1915, ch. 120, sec. 3, p. 266; reen. C.L., sec. 4099; C.S., sec. 6643; I.C.A., sec. 5-310; am. 1972, ch. 177, sec. 1, p. 444; am. 1984, ch. 158, sec. 1, p. 385.]