Knauf v. Dover Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. R. N. Dunn, Judge. An action to recover damages for personal injuries. Judgment for plaintiff. Defendant appeals. The risk in connection with an injury such as was received in this ease is one that is assumed by the employee, and the plaintiff cannot recover. (McGafferty v. Lewandos French D. & G. Go., 194 Mass. 412, 120 Am. St. 562, 80 N. E. 460; Hoard v. Blachstone Mfg.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. R. N. Dunn, Judge. An action to recover damages for personal injuries. Judgment for plaintiff. Defendant appeals. The risk in connection with an injury such as was received in this ease is one that is assumed by the employee, and the plaintiff cannot recover. (McGafferty v. Lewandos French D. & G. Go., 194 Mass. 412, 120 Am. St. 562, 80 N. E. 460; Hoard v. Blachstone Mfg. Go., 177 Mass. 69, 58 N. E. 180; Ncaland v. Lynn & B. B. Go., 173 Mass. 42, 53 N. E. 137; Jones v. Manufacturing & Inv. Co., 92 Me. 565,…
1Opinion of the CourtStewart, C. J.
This is an action to recover damages for personal injuries alleged to have been sustained by the respondent at a sawmill owned by the appellant. The cause *778was tried and a verdict rendered in favor of the respondent for the sum of $1,950. This appeal is taken from the order overruling a motion for a new trial.
The first question presented on this appeal is the ruling of the trial court upon the appellant’s motion for a nonsuit at the close of the plaintiff’s evidence. After the motion for a nonsuit was overruled the appellant offered evidence to prove the allegations of his answer as well as in…
2Cases cited13 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Grant v. VarneySupreme Court of Colorado · 1895
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hooton v. City of BurleyIdaho Supreme Court · 1950
- Riley v. LarsonIdaho Supreme Court · 1967
- Metropolitan Life Ins. Co. v. ArmstrongCourt of Appeals for the Eighth Circuit · 1936
- Bean v. Diamond Alkali CompanyIdaho Supreme Court · 1969
- Hayhurst v. Boyd HospitalIdaho Supreme Court · 1927
21 more not listed; retrieve them via the Exa API.