Barter v. Stewart Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. Action to recover damages for personal injuries. Respondent having full knowledge of alleged violations of the rules, and having taken no steps to inform the appellant of said fact, he cannot recover.
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APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. Action to recover damages for personal injuries. Respondent having full knowledge of alleged violations of the rules, and having taken no steps to inform the appellant of said fact, he cannot recover. (4 Thompson on Negligence, sec. 4164; Reberk v. Horne & Co., 85 Minn. 326, 88 N. W. 1003.) The respondent testified himself that he did not know of any rule which was in force and effect at the time of the accident with reference to trucks being upon the track. We contend,…
1Opinion of the CourtSullivan, J.
This is an action to recover damages for personal injuries received while in the employ of the defendant mining company. The trial resulted in a verdict and judgment in favor of the respondent in the sum of $7,500 and costs. Appellant’s motion for a new trial was denied and the appeal is taken both from the judgment and the order denying a new trial.
Several errors are assigned which go' to the action of the court in overruling appellant’s motion for a directed verdict, the sufficiency of the evidence to sustain the verdict and to the giving of certain instructions.
The following facts are…
2Cited by8 opinions
- Geist v. MooreIdaho Supreme Court · 1937
- Joyce Bros. v. StanfieldIdaho Supreme Court · 1920
- Kinzell v. Chicago, Milwaukee & St. Paul Railway Co.Idaho Supreme Court · 1920
- Lavin v. Panhandle Lumber Co., Ltd.Idaho Supreme Court · 1931
- Madsen v. HutchisonIdaho Supreme Court · 1930
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