Wiesner v. Bonners Ferry Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to recover for personal injuries. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to recover for personal injuries. Judgment for plaintiff. The theory of the law of master and servant is not that the master is an insurer of the safety of the place where the servant works, or the appliance furnished, but, on the contrary, the master has performed his full duty toward the servant when he has used reasonable care to furnish a reasonably safe place and reasonably safe appliances, and used reasonable care to keep them reasonably safe. (Armour Go. v. Bussell, 144…
1Opinion of the CourtBudge, J.
This is an action to recover for personal injuries alleged to have been sustained by respondent while in the employ of the appellant. The cause was tried by the court with a jury, which resulted in a verdict and judgment in favor of the respondent for the sum of $12,000.
The facts, briefly stated, are: The respondent was employed by the appellant corporation to assist in the construction of a logging roadway. While so engaged he received the injuries complained of, which were caused by the explosion of dynamite used by his eoemployees in blowing out stumps along the roadway under construction.…
2Cases cited22 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Northern Pacific Railroad v. CharlessSupreme Court of the United States · 1896
- Donnelly v. San Francisco Bridge Co.California Supreme Court · 1897
- Alaska Treadwell Gold Min. Co. v. WhelanSupreme Court of the United States · 1897
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3Cited by4 opinions
- North American Accident Ins. Co. v. MillerCourt of Appeals of Texas · 1917
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Selhaver v. Dover Lumber Co.Idaho Supreme Court · 1918
- Bogitch v. Potlatch Lumber Co.Washington Supreme Court · 1916