Lucey v. Stack-Gibbs Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone Count)-. Hon. W. W. Woods, Judge/ Action to recover for personal injuries caused by the falling of a tree on plaintiff. Judgment for plaintiff. The rule contended for by the respondent would make the employer an insurer as to the safety of all employees working in the woods from all accidents from the falling of trees which are being cut down by other employees.
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APPEAL from the District Court of the First Judicial District for Shoshone Count)-. Hon. W. W. Woods, Judge/ Action to recover for personal injuries caused by the falling of a tree on plaintiff. Judgment for plaintiff. The rule contended for by the respondent would make the employer an insurer as to the safety of all employees working in the woods from all accidents from the falling of trees which are being cut down by other employees. To the contrary is the rule as laid down in the text-books and almost unanimously in the decisions of the courts. (2 Labatt, Master and Servant, see. 601.) “In…
1Opinion of the CourtSullivan, J.
— This action was brought to recover for personal injuries alleged to have been sustained by reason of the carelessness in felling a tree which struck the plaintiff and broke his leg, while he was in the employ of appellant. The cause was tried by the court with a jury and the jury returned a verdict in favor of the plaintiff in the sum of $2,999. Thereupon a motion for judgment was made by the appellant non obstante veredicto, which was overruled by the court and a motion for a new trial was also denied. The appeal is from the judgment and said two orders.
The appellant is a corporation…
2Cases cited10 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Belleville Stone Co. v. MooneySupreme Court of New Jersey · 1897
- Peters v. GeorgeCourt of Appeals for the Third Circuit · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Browning v. Smiley-Lampert Lumber Co.Oregon Supreme Court · 1914
- Riggs Ex Rel. Riggs v. Empire Manufacturing Co.Supreme Court of North Carolina · 1925
- Benton v. Finkbine Lumber Co.Mississippi Supreme Court · 1918
- Yazoo M.V.R. Co. v. SmithMississippi Supreme Court · 1928
- Coulston v. Dover Lumber Co.Idaho Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.