Coulston v. Dover Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robert N. Dunn, Judge. Action to recover damages for personal injuries. Judgment for plaintiff. There is no evidence showing that respondent continued at his work in reliance upon the alleged promises to repair; that must have been alleged and proved in order to have brought him within the terms of the exception.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robert N. Dunn, Judge. Action to recover damages for personal injuries. Judgment for plaintiff. There is no evidence showing that respondent continued at his work in reliance upon the alleged promises to repair; that must have been alleged and proved in order to have brought him within the terms of the exception. (Notthoff v. Los Angeles Gas & Electric Go., 161 Cal. 93, 118 Pac. 436, 438-441; 1 Labatt on Master and Servant, sec. 418, p. 1184; Roy v. Hodge, 74 N. H. 190, 66 Atl. 123; 26 Cyc. 1211, 1212; Gulf…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover $50,000 damages for personal injuries sustained while working in appellant’s sawmill. It is alleged in the complaint that the defendant company, who is appellant here, owns and operates a certain sawmill, and for the purpose of manufacturing lumber, a certain appliance or apparatus, commonly known as a carriage, was used to hold in place the log which is being sawed; that said carriage is operated and moves back and forth upon a track by means of steam power; that on said carriage there are blocks or knees which are used to hold, follow up and push forward…
2Cases cited9 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. GarrenTexas Supreme Court · 1903
- Lucey v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1913
- Larsen v. Le DouxIdaho Supreme Court · 1905
- Roy v. HodgeSupreme Court of New Hampshire · 1907
- King v. Page Lumber Co.Washington Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Deshazer v. TompkinsIdaho Supreme Court · 1965
- Tatum v. Marsh Mines ConsolidatedWashington Supreme Court · 1919
- Claris v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
- Gold Hunter Mining & Smelting Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1916