Goure v. Storey
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to recover for personal injuries alleged to have been sustained by reason of defective appliances in machín-ery. Demurrer to tbe complaint sustained and judgment of dismissal entered. Contributory negligence is a defense only when pleaded and proven.
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APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to recover for personal injuries alleged to have been sustained by reason of defective appliances in machín-ery. Demurrer to tbe complaint sustained and judgment of dismissal entered. Contributory negligence is a defense only when pleaded and proven. (Adams v. Bunker Hill & 8. Go., 12 Ida. 637, 89 Pae. 624, 11 L. R. A., N. S., 844.) The master must furnish appliances which are reasonably safe and proper. This is a duty the omission or faulty compliance with which constitutes…
1Opinion of the CourtSullivan, C. J.
— This action was commenced to recover damages for personal injuries alleged to have been sustained *357by reason of tbe failure of defendants, wbo are respondents here, to furnish proper appliances for handling stone used in the construction of a certain building in Boise City. A demurrer was filed to the complaint, setting out specifically twenty-five alleged reasons why the complaint did not state a cause of action, which demurrer was sustained by the court. The plaintiff refusing to plead further, judgment of dismissal was entered against him. The appeal is from that judgment.
After alleging…
2Cases cited14 opinions
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- Connors v. MortonMassachusetts Supreme Judicial Court · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burns v. GettyIdaho Supreme Court · 1933
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
- Adkins v. ZalaskyIdaho Supreme Court · 1938
- Rippetoe v. FeelyIdaho Supreme Court · 1911
- Antler v. CoxIdaho Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.