Erickson v. Edward Rutledge Timber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon.-R. N. Dunn, Judge. Action for damages for death caused by negligence. Judgment for plaintiff, order denying a motion for new trial, and order taxing costs. The plaintiffs have offered no evidence of any fault or negligence on the part of the defendant company, and .said cause should not have been submitted to the jury upon a mere description of the accident.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon.-R. N. Dunn, Judge. Action for damages for death caused by negligence. Judgment for plaintiff, order denying a motion for new trial, and order taxing costs. The plaintiffs have offered no evidence of any fault or negligence on the part of the defendant company, and .said cause should not have been submitted to the jury upon a mere description of the accident. (4 Labatt on Master & Servant, sec. 1602; Soderman v. Kemp, 145 N. Y. 427, 40 N. E. 212; McDonnell v. Oceanic Steam Nav. Co., 143 Fed. 480, 74 C. C.…
1Opinion of the CourtBudge, J.
This is an action by respondents for damages occasioned by the death of Severt Knuteson, alleged to be due to injuries sustained by reason of appellant’s negligence.
From the record it appears that appellant, a Washington *757corporation, since prior to August 29, 1916, has owned, controlled and operated a lumber manufacturing plant near Coeur d’Alene, Idaho, from which mill lumber is carried on conveyor chains to a platform, where it is loaded upon small cars or trucks, which when loaded are placed crosswise on tracks upon transfer cars, and secured thereon by clamps to be placed on the rails or…
2Cases cited14 opinions
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Bell v. StadlerIdaho Supreme Court · 1918
- City of Wynnewood v. CoxSupreme Court of Oklahoma · 1912
- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Crossler v. Safeway Stores, Inc.Idaho Supreme Court · 1931
- Colorado Milling & Elevator Co. v. ProctorIdaho Supreme Court · 1938
- Haddock v. JacksonIdaho Supreme Court · 1932
- Feenaughty MacHinery Co. v. TurnerIdaho Supreme Court · 1927