Snyder v. Viola Mining & Smelting Co.
Idaho Supreme Court
APPEAL from District Court, Lemhi County. A master is not, in general, bound to indemnify his servant against the negligence of a fellow-servant when acting in discharge of his duty as servant of the common master. (Priestley v. Fowler, 3 Mees. & W. 1; Smith on Master and Servant, 237; Farwell v. Railroad Go., 4 Met. (Mass.) 49, 38 Am.
Read the full summary
APPEAL from District Court, Lemhi County. A master is not, in general, bound to indemnify his servant against the negligence of a fellow-servant when acting in discharge of his duty as servant of the common master. (Priestley v. Fowler, 3 Mees. & W. 1; Smith on Master and Servant, 237; Farwell v. Railroad Go., 4 Met. (Mass.) 49, 38 Am. Dec. 339, and note; Hutchinson v. Railroad Go., 5 Ex. 343; Goon v. Railroad Go., 5 N. Y. 492; White v. Kennon, 83 Ga. 343, 9 S. E. 1082.) The rule exempting the master is the same though the workmen are not of the same grade. {Hayes v. Railroad Go., 3 Cush.…
1Opinion of the CourtHuston, J.
This is an action brought by plaintiff against defendant corporation to recover damages for injuries alleged to have been received by the plaintiff while in the employ of the defendant, as a miner, working in the Yiola mine, owned and operated by defendant, in Lemhi county, in this state, which injuries plaintiff charges were the result of and attributable to the negligence of defendant. We are called upon in limine to pass-upon the motion of respondent to strike out the statement and! dismiss the appeal in this case, first, because it does not appear by the record'that the judge of the…
2Cases cited2 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Black v. City of LewistonIdaho Supreme Court · 1887
3Cited by5 opinions
- Drury v. PalmerIdaho Supreme Court · 1962
- Rumpel v. Oregon Short Line Railway Co.Idaho Supreme Court · 1894
- Saunders v. McCownWest Virginia Supreme Court · 1938
- Sartin v. Oregon Short Line RailroadUtah Supreme Court · 1904
- Sartin v. Oregon Short Line RailroadUtah Supreme Court · 1904