Goaslind v. City of Pocatello

William J. Goaslind had been employed for some four years prior to July 26, 1939, by the City of Poca tello as a driver of a grader propelled by a diesel motor. He drove on a platform on the grader covered by a metal top, 7 by 8 feet, supported by 4 uprights. The exhaust pipe from the motor was approximately a foot in front of the canopy or top of the cab in which Goaslind rode, extending vertically a foot above the metal top. In driving under trees the exhaust pipe had been broken at a place just about even with Goaslind’s head and had been repeatedly repaired by him as part of his duties.…