Merrill v. Duffy Reed Construction Co.

SMITH, Justice.

Respondent Duffy Reed Construction Co., hereinafter sometimes referred to as the company, prior to and on June 21, 1957, was engaged in constructing a relocated portion of U. S. Highway 30 North, some five miles west of American Falls. Respondent Ted Johns was a grade foreman for the company. Appellant by use of his truck was engaged in hauling dirt for a road fill on the construction project.

June 21, 1957, appellant received severe injury when respondent Johns hacked the company’s tractor and road tamper against appellant who, at the time, was at the front end of his…