Riley v. Kendrick Warehouse & Milling Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for damages for personal injury. Judgment for plaintiff in the sum of $905. “The plaintiff assumed the ordinary. risks incident to the work in whieh he was engaged, and this included all risks that were obvious and patent or that were open and obvious to one of ordinary understanding.” (Anüer v. Cox, 27 Ida. 517, 149 Pac. 731; Bush v. Missouri Pac. By.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for damages for personal injury. Judgment for plaintiff in the sum of $905. “The plaintiff assumed the ordinary. risks incident to the work in whieh he was engaged, and this included all risks that were obvious and patent or that were open and obvious to one of ordinary understanding.” (Anüer v. Cox, 27 Ida. 517, 149 Pac. 731; Bush v. Missouri Pac. By. Go., 36 Kan. 129, 12 Pae. 582; Goure v. Storey, 17 Ida. 352, 353, 105 Pac. 794; Chicago, B. I. & P. B. Go. v. Duran, 38…
1Dissent
BUDGE, C. J.,
Dissenting. — I am unable to concur in the view expressed in the majority opinion that, under the circumstances disclosed by the record, any question of fact was presented which entitled the case to be submitted to a jury. The respondent was familiar with the truckway; he knew that it was not protected by any guard-rail and that it was not lighted. He also knew that by descending the steps immediately outside of the mill maintained by his employer *233expressly for the use of employees, he could have reached the road provided and proceeded in safety; the mere fact that the road was…
2Cases cited1 opinion
- Selhaver v. Dover Lumber Co.Idaho Supreme Court · 1918