Riley v. Kendrick Warehouse & Milling Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for damages for personal injury. Judgment for plaintiff in the sum of $905. “The plaintiff assumed the ordinary. risks incident to the work in whieh he was engaged, and this included all risks that were obvious and patent or that were open and obvious to one of ordinary understanding.” (Anüer v. Cox, 27 Ida. 517, 149 Pac. 731; Bush v. Missouri Pac. By.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for damages for personal injury. Judgment for plaintiff in the sum of $905. “The plaintiff assumed the ordinary. risks incident to the work in whieh he was engaged, and this included all risks that were obvious and patent or that were open and obvious to one of ordinary understanding.” (Anüer v. Cox, 27 Ida. 517, 149 Pac. 731; Bush v. Missouri Pac. By. Go., 36 Kan. 129, 12 Pae. 582; Goure v. Storey, 17 Ida. 352, 353, 105 Pac. 794; Chicago, B. I. & P. B. Go. v. Duran, 38…
1Opinion of the CourtMorgan, J.
This is an appeal from a judgment, and from an order overruling a motion for a new trial, in an action by respondent against appellant for damages arising from personal injuries received by him while in its employ.
On and prior to November 22, 1913, respondent was employed by appellant in its mill at Kendriek. The mill was located about three hundred feet' from the Northern Pacific railroad tracks and an elevated truekway had been built leading from one of the doors of the mill to a point adjacent to one of the switch-tracks of the railroad-company, for convenience in loading and unloading…
2Cases cited7 opinions
- Tecza v. Sulzberger & Sons Co.Supreme Court of Kansas · 1914
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Curry v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1913
- Moore v. Pacific Coast Steel Co.California Supreme Court · 1915
- Strobel v. Gerst Bros. Manufacturing Co.Missouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dubie v. BataniMontana Supreme Court · 1934