Smith v. Potlatch Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action for damages for personal injuries. Judgment for plaintiff. The servant assumes the risks which are open and obvious and which are readily understood and appreciated by a person of ordinary prudence and intelligence.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action for damages for personal injuries. Judgment for plaintiff. The servant assumes the risks which are open and obvious and which are readily understood and appreciated by a person of ordinary prudence and intelligence. It is not necessary that the servant receive notice or information concerning an instrumentality or a danger from the master himself, but it is sufficient if he acquire that knowledge from any source whatever. (26 Cyc., Master and Servant, p. 1170; Goullard v.…
1Opinion of the CourtStewart, C. J.
This is an action to recover damages for personal injuries received by respondent while in the employ of appellant from a kick by a horse. The jury found a verdict in favor of the respondent for the sum of $1,000 and costs, and judgment was rendered accordingly.
After the return of the verdict a motion was made by the appellant “for an order granting to it a judgment in its favor and against the plaintiff herein, notwithstanding the verdict rendered in favor of said plaintiff and against this defendant on a former day of the present term of this court, to wit, on the 14th day of May, 1912, and…
2Cases cited10 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
- Rippetoe v. FeelyIdaho Supreme Court · 1911
- Harvey v. Alturas Gold Mining Co.Idaho Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stewart v. StewartIdaho Supreme Court · 1919
- Bevercombe v. Denney & Co.Idaho Supreme Court · 1924
- Palcher v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Boatman v. MilesWyoming Supreme Court · 1921
- Central Lumber Co. v. PorterMississippi Supreme Court · 1925
4 more not listed; retrieve them via the Exa API.