Rippetoe v. Feely
Idaho Supreme Court
APPEAL from the District Court of the Eighth ’Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. An action for personal injuries. Judgment for the plaintiff:. Even if defendant was guilty of gross negligence, contributory negligence bars a recovery. (See cases cited in 37 Cent.
Read the full summary
APPEAL from the District Court of the Eighth ’Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. An action for personal injuries. Judgment for the plaintiff:. Even if defendant was guilty of gross negligence, contributory negligence bars a recovery. (See cases cited in 37 Cent. Dig., Neglig., see. 85 (a); Neal v. Qillett, 23 Conn. 437.) A man cannot place himself in a position of known danger (as did plaintiff in the case at bar), and recover for an injury resulting therefrom. (Chicago & A. B. Co. v. Murphy, 17 111. App. 444; Bobinson v. Manhattan By. Co., 5 Misc. 209, 25 N. Y.…
1Opinion of the CourtStewart, C. J.
This is an action to recover damages for personal injuries. The complaint alleges that at the time of the happening of the injury, the defendant was the owner and engaged in the operation of a steam-threshing outfit; that on the 26th day of August, 1910, and for some time prior thereto, the plaintiff was employed by the defendant, and during said employment and immediately prior to receiving the injuries in the performance of his duty, he was engaged in moving certain bundles of grain lying under the wheels of the separator, and which was necessary to be removed in order to allow said…
2Cases cited9 opinions
- Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Knollin v. JonesIdaho Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hooton v. City of BurleyIdaho Supreme Court · 1950
- Geist v. MooreIdaho Supreme Court · 1937
- Ralph v. Union Pacific Railroad CompanyIdaho Supreme Court · 1960
- Knauf v. Dover Lumber Co.Idaho Supreme Court · 1911
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
15 more not listed; retrieve them via the Exa API.