Beckman v. Beckman

SMITH, Justice.

This is an appeal from an order denying appellant’s motion to reinstate his action for damages for personal injuries, dismissed under I.R.C.P. 41(b) for failure to prosecute. The issues on appeal are whether the trial court had jurisdiction to entertain the motion under I.R.C.P. 60(b), and whether the court abused its discretion in denying the motion. The facts which give rise to the appeal are not in dispute.

September 29, 1958, appellant sustained injuries by the overturning of respondent’s alleged defective tractor while performing farm work for respondent. September 14,…