Maw v. Coast Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action for damages for personal injury. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action for damages for personal injury. Judgment for plaintiff and defendant appealed. The evidence of the plaintiff himself conclusively establishes the faet that he has assumed whatever risk, if any, there was, by reason of the defects and negligence alleged in the plaintiff’s complaint, for the reason that such defects were open and obvious, and were known to the plaintiff during all the time he was employed by the defendant company. (St. Louis Cordage Co. v. Miller, 126 Fed. 495, 61 C.…
1Opinion of the Court
BUDGE, District Judge.
This action is brought by Charles N. Maw, plaintiff, against the Coast Lumber Company, a corporation, defendant, to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant company in its planing-mill and sash and door factory.
The plaintiff in substance alleges that the Coast Lumber Company is a corporation, organized and existing under the laws of the state of Idaho, and engaged in the business of retailing lumber, and in operating at Boise, Idaho, a planing-mill and sash and door factory and a general wood-working…
2Cases cited22 opinions
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- German American Lumber Co. v. BrockSupreme Court of Florida · 1908
- Wahlgreen v. Market Street Railway Co.California Supreme Court · 1901
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Otts v. BroughIdaho Supreme Court · 1965
- State v. . ChoateSupreme Court of North Carolina · 1948
- Deshazer v. TompkinsIdaho Supreme Court · 1965
- Summerfield v. PringleIdaho Supreme Court · 1943
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
15 more not listed; retrieve them via the Exa API.