Schulz v. Standard Accident Insurance Company

DRIVER, District Judge.

Plaintiff brought this action for damages for personal injury. Defendant, before answer, with one supporting affidavit, has moved for summary judgment. 1 This court has jurisdiction based upon diversity of citizenship. The facts, which must be regarded as undisputed for the purpose of passing upon the motion, as they appear in plaintiff’s complaint and defendant’s uncontroverted affidavit, are as follows:

On October 16, 1952, plaintiff, while employed as an electrician by Bunker Hill & Sullivan Mining Company at Kellogg, Idaho, was injured as the result of an accident…