Henness v. Pend D'Oreille Mining & Reduction Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action for damages for personal injuries. Judgment for plaintiff. The ignorance of a servant and the master’s knowledge of such ignorance must be pleaded and proven. (26 Cyc. 1165, 1393; Becker v. Baumgartner, 5 Ind. App. 576, 32 N. E. 786; O’Connor v. Atchison, etc. By.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action for damages for personal injuries. Judgment for plaintiff. The ignorance of a servant and the master’s knowledge of such ignorance must be pleaded and proven. (26 Cyc. 1165, 1393; Becker v. Baumgartner, 5 Ind. App. 576, 32 N. E. 786; O’Connor v. Atchison, etc. By. Co., 137 Fed. 503, 70 C. C. A. 87; Fortin v. Manville Co., 128 Fed. 642; Peterson v. New Pittsburg Coed etc. Co., 149 Ind. 260, 63 Am. St. 289, 49 N. E. 8; Brazil Block Coal Co. v. Young, 117 Ind. 520, 20 N. E. 423.),…
1Opinion of the CourtBudge, J.
Respondent recovered judgment for personal injuries. This appeal is from the judgment and from an order overruling a motion for a new trial.
Appellant was engaged in the business of developing and working a mine. Respondent entered its employment about July 7, 1915, and was injured on July 17, 1915. His duties were to run the engine and compressor. and do such other work as the foreman, Cogswell, might direct.
At the time of the accident, he and Cogswell were working in a small stopé off of a raise. Prior thereto, Cogswell had drilled, while respondent ran the compressor. The latter loaded the…
2Cases cited3 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Cnkovch v. Success Mining Co.Idaho Supreme Court · 1917
- Ramon v. Interstate Utilities Co.Idaho Supreme Court · 1917