Walsh v. Winston Bros.
Idaho Supreme Court
APPEAL from the District Court of tbe First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for personal injury. Judgment for plaintiff. Defendant appeals. The accident in the case at bar was caused from the nature of the work and not from the place where he was working. It was one of the risks incident to the kind of work in which he was employed. Thisowe believe is a true test.
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APPEAL from the District Court of tbe First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for personal injury. Judgment for plaintiff. Defendant appeals. The accident in the case at bar was caused from the nature of the work and not from the place where he was working. It was one of the risks incident to the kind of work in which he was employed. Thisowe believe is a true test. (Cullen v. Norton, 126 N. T. 1, 26 N. E. 905; 2 Labatt on Master and Servant, sec. 600; Perry v. Rogers, 157 N. Y. 251, 51 N. E. 1021; Capasso v. Woolf oik, 163 N. Y.…
1Opinion of the CourtStewart, J.
This is an action brought to recover damages for personal injuries alleged to have been sustained by the plaintiff and caused by the defendant’s negligence while in the employ of the defendant in the construction of a certain tunnel along the line of the Chicago, Milwaukee and St. Paul railroad known as the St. Paul Pass tunnel, being a tunnel beneath the divide of the Bitter Boot Mountains be*772tween the states of Idaho and Montana. The cause was tried to a jury and a verdict returned for the plaintiff in the sum of $20,000. A motion for a new trial was made and overruled. This appeal is from…
2Cases cited5 opinions
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Larsen v. Le DouxIdaho Supreme Court · 1905
- Lebanon Coal & Machine Ass'n v. ZerwickAppellate Court of Illinois · 1898
3Cited by13 opinions
- Checketts v. BowmanIdaho Supreme Court · 1950
- State v. Van VlackIdaho Supreme Court · 1937
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
- Baillie v. City of WallaceIdaho Supreme Court · 1912
- Kinzell v. Chicago, Milwaukee & St. Paul Railway Co.Idaho Supreme Court · 1920
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