Maloney v. Winston Bros.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by the plaintiff for damages for personal injury. Judgment for plaintiff and defendant appealed. There is absolutely no evidence to show that anyone was negligent and that it was not one of those accidents incident to any business which cannot with reasonable prudence be foreseen. The plaintiff must make his case. He has failed to do so.
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APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by the plaintiff for damages for personal injury. Judgment for plaintiff and defendant appealed. There is absolutely no evidence to show that anyone was negligent and that it was not one of those accidents incident to any business which cannot with reasonable prudence be foreseen. The plaintiff must make his case. He has failed to do so. (Reino v. Montana Mineral Land Bevel. Go., 38 Mont. 291, 99 Pac. 853; Hardesty v. Largey Luniber Go., 34 Mont. 157, 86 Pac. 29; Holt v. Spokane…
1Opinion
ON REHEARING.
AILSHIE, J.
A rebearing was granted in this case, and tbe matter was argued exhaustively orally, and four separate briefs by different counsel have been filed on bebalf of appellants, in which tbe questions of fact involved are discussed and tbe authorities bearing on tbe case have been exbaus-*758tively analyzed and considered. The chief argument on behalf of appellant has been directed to two propositions: first, that in a case like this the master is under no obligation to furnish the servant with a safe place in which to work, that at the most “the master is only liable to the…
2Cases cited114 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Norris v. HarrisCalifornia Supreme Court · 1860
- Wilson v. FitchCalifornia Supreme Court · 1871
- Howland v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Mexican National Railway Co. v. JacksonTexas Supreme Court · 1896
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