Gropp v. Pluid

SMITH, Justice.

Appellant (plaintiff) seeks recovery of damages for personal injuries allegedly caused by the negligence of Charles E. Pluid, one of the partners of respondent partnership, Pluid and Sons.

Appellant appeals from a judgment of involuntary dismissal of his action, based on the ruling that Charles E. Pluid was a “loaned employee” to appellant’s employer, Pack River Timber Company, and that therefore, Pluid was appellant’s fellow servant and not a third party as contemplated by I.C. § 72-204.

The principal issue1 raised by appellant’s single assignment of error is whether the trial…