Legal Opinion

Haverland v. Potlatch Lumber Co.

Idaho Supreme Court

Decided July 29, 1921PublishedCited by 3 opinions

APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. E. C. Steele, Judge. Action for damages for personal injuries. Judgment for plaintiff. Respondent assumed all the risks incident to the work in which he was engaged which were open and apparent and which were either known to him or which should have been known and appreciated by him in the exercise of ordinary care. (Minty v. Union Pac. By.

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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. E. C. Steele, Judge. Action for damages for personal injuries. Judgment for plaintiff. Respondent assumed all the risks incident to the work in which he was engaged which were open and apparent and which were either known to him or which should have been known and appreciated by him in the exercise of ordinary care. (Minty v. Union Pac. By. Co., 2 Ida. 471, 21 Pac. 660, 4 L. R. A, 409: Goure v. Storey, 17 Ida. 352, 105 Pac. 794; Knauf v. Dover Lumber Co., 20 Ida. 773, 120 Pae. 157; Smith v. Potlatch Lumber…

1Opinion of the CourtRice, C. J.

This is an action by respondent for damages for personal injuries received while employed by appellant at one of its lumber camps. The injury occurred while respondent was engaged with a crew consisting of a hooker, top-loader, engineer and fireman, in dragging logs a distance of about 300 feet from the timber to the landing place. The machine used in the work is known as the Marion loader. In the process of the work, tongs attached to a cable were fastened into the logs, and by means of the *241power furnished by the loader they were drawn upon the ground to the landing place. While a large log…

2Cases cited8 opinions

  1. Matter of CurtissNew York Court of Appeals · 1910
  2. Bauer v. American Car & Foundry Co.Michigan Supreme Court · 1903
  3. Pinkley v. Chicago & Eastern Illinois RailroadIllinois Supreme Court · 1910
  4. Carter v. Fred W. Dubach Lumber Co.Supreme Court of Louisiana · 1904
  5. Vohs v. A. E. Shorthill & Co.Supreme Court of Iowa · 1906

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lightner v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1932
  2. Kerby v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1928
  3. Girany v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1936

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