Tucker v. Palmberg
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. J. J. Guheen, Judge. Action to recover for personal injuries. Judgment for plaintiff. It is not proof of negligence merely to show that a certain appliance gave way whereby respondent suffered injury. (Dobbins v. Brown, 119 N. Y. 188, 23 N. E. 537; Consolidated Kansas City Smelting etc.
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APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. J. J. Guheen, Judge. Action to recover for personal injuries. Judgment for plaintiff. It is not proof of negligence merely to show that a certain appliance gave way whereby respondent suffered injury. (Dobbins v. Brown, 119 N. Y. 188, 23 N. E. 537; Consolidated Kansas City Smelting etc. Co. v. Allen, 64 Kan. 70, 67 Pac. 436; Atchison, T. & 8. F. B. Co. v. Wagner, 33 Kan. 660, 7 Pac. 204; Searles v. Manhattan By. Co., 101 N. Y. 661, 5 N. E. 66; Peirce v. Kile, 80 Fed. 865, 26 C. C. A. 201; Byland v. E. I. Du…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover for personal injuries. The following facts appear from the record:
The respondent, J. W. Tucker, was a steel structural workman, twenty-five years of age, employed by appellants on or about July 23, 1914, in the construction of the Federal Building in the city of Pocatello. In this work he was associated with three other men, who were known as a “steel crew,” whose duty it was to erect and put in plac.e the steel pillars and cross-beams of the building. In the prosecution of this work a derrick with the customary appliances was used. The derrick was operated…
2Cases cited10 opinions
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
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3Cited by7 opinions
- Archer v. Shields Lumber Co.Idaho Supreme Court · 1967
- Newport Water Co. v. KelloggIdaho Supreme Court · 1918
- Carson v. TalbotIdaho Supreme Court · 1942
- Warner v. Pittsburgh-Idaho Co.Idaho Supreme Court · 1923
- P.N. Cedar, Inc. v. D & G Shake Co.Idaho Court of Appeals · 1986
2 more not listed; retrieve them via the Exa API.