Legal Opinion

Brayman v. Russell & Pugh Lumber Co.

Idaho Supreme Court

Decided December 27, 1917PublishedCited by 16 opinions

APPEAL from tbe District Court of tbe Eigbtb Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment for plaintiff.

Read the full summary

APPEAL from tbe District Court of tbe Eigbtb Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment for plaintiff. It is a settled rule of law in this state that tbe legal measure of tbe master’s duty or liability is the exercise of ordinary care, having regard to tbe hazards of tbe service, to provide tbe servant with reasonably safe working places, machinery and appliances, and tbe exercise of ordinary care to maintain them in a reasonably' safe condition of repair. (Wiesner v. Bonners Ferry L. Co., 29 Ida. 526, 160 Pac. 647, L. R. A. 1917C, 328; Armour…

1Opinion of the CourtMorgan, J.

Respondent was employed by appellant as a teamster. His duties consisted in hauling logs from the place where they were skidded to where they were placed in a chute, whereby they were conducted into Lake Coeur d’Alene preparatory to delivery at the sawmill. While as*146sisting the loaders in loading the logs on to a truck, respondent was struck by a falling tree and his arm broken. It appears that in the vicinity of the skidway where the logs were being loaded, sawyers were working, which fact was unknown to respondent; that they felled a tree which, in falling, struck a dead tree which, in turn,…

2Cases cited35 opinions

  1. Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
  2. Chicago & Eastern Illinois Railroad v. KneirimIllinois Supreme Court · 1894
  3. Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886
  4. Chicago City Railway Co. v. LeachIllinois Supreme Court · 1904
  5. Union Pac. R. v. ThomasCourt of Appeals for the Eighth Circuit · 1907

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

3Cited by16 opinions

  1. Gardner v. HobbsIdaho Supreme Court · 1949
  2. Wilson v. St. Joe Boom Co.Idaho Supreme Court · 1921
  3. Fritcher v. KelleyIdaho Supreme Court · 1921
  4. Harpman v. Devine, Recr.Ohio Supreme Court · 1937
  5. Raide v. DollarIdaho Supreme Court · 1921

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API