Johnson v. Sunshine Min. Co., Inc.

BAKES, Justice.

This case presents questions of the applicability and the constitutionality of I.C. § 36-1604 which grants a limitation on a landowner’s liability to gratuitous recreational users of his property. Summary judgment was granted to defendant Sunshine Mining Company on the record which consists of the pleadings and affidavits. Viewed most favorably to the plaintiffs, the record in this case presents the following facts.

In 1946-47, Sunshine Mining Company constructed a built-up dike near the border of a section of its property, known as a “stull yard.” The yard is used for timber…