Selhaver v. Dover Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. Eobert N. Dunn, Judge. Action to recover for personal injuries. Judgment for plaintiff. An operator, who has for several months worked at and about a simple machine and who understands fully the machine and its operation, cannot plead ignorance of the dangers attending its operation.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. Eobert N. Dunn, Judge. Action to recover for personal injuries. Judgment for plaintiff. An operator, who has for several months worked at and about a simple machine and who understands fully the machine and its operation, cannot plead ignorance of the dangers attending its operation. The dangers were obvious and known, or would have been known to a person exercising reasonable care and prudence, which calls for the application of the doctrine of assumed risk. (Minty v. Union Pac. Ry. Co., 2 Ida. 471, 21…
1Opinion of the CourtRice, J.
This is an action to recover damages for personal injury sustained by the respondent while operating a rip-saw in the mill of appellant. The complaint alleges that the respondent had not had any experience with said saw, or any saw similar thereto, but that notwithstanding said fact the appellant negligently directed him to work in and about said saw without giving him any instructions relative to the proper way in which to feed the same or to protect himself from injury. The complaint also alleges negligence in the appellant, in that the feed-rollers and saw were old, defective and out of…
2Cases cited7 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Bradburn v. Wabash RailroadMichigan Supreme Court · 1903
- Armour v. RussellCourt of Appeals for the Eighth Circuit · 1906
- Bauer v. American Car & Foundry Co.Michigan Supreme Court · 1903
- Arizona Lumber & Timber Co. v. MooneyArizona Supreme Court · 1895
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3Cited by3 opinions
- Williams v. CollettIdaho Supreme Court · 1958
- Girany v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1936
- Riley v. Kendrick Warehouse & Milling Co.Idaho Supreme Court · 1918