(Download) "Oscar Johnson v. Cecil Stanger and Rex" by Supreme Court of Idaho No. 11064 # eBook PDF Kindle ePub Free
eBook details
- Title: Oscar Johnson v. Cecil Stanger and Rex
- Author : Supreme Court of Idaho No. 11064
- Release Date : January 21, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This appeal arises out of an action for personal injuries sustained by Oscar A. Johnson, the appellant, while employed by respondents Cecil Stanger and Rex Gardner, co-partners in a farming operation. In response to an advertisement by the partners seeking an experienced irrigator, Johnson contacted respondent Stanger. Johnson told Stanger that besides having thirty years experience as a coal miner, he was an experienced irrigator. As a result of the interview the partnership hired Johnson and agreed to pay him $400 per month, plus living accommodations. Johnson was to drive a tractor during the fall and spring and to irrigate crops during the summer. About the first of March, 1970, Johnson and his wife moved into the house provided by the partnership. On his first day of work, March 4, Johnson reported to Gardner for instructions. Gardner told him to assist three other employees engaged in removing cement irrigation checks from a ditch. At the work site, Johnson along with Don Fredrickson and Richard Vawser manually removed broken pieces of concrete from the ditch and placed them on a truck. Von Taylor, the other employee, was operating a Case backhoe, a type of tractor with a scoop or bucket in the front and an excavating bucket in the rear. Both of the buckets were hydraulically operated. Taylor used the machine to pry loose, break up and load the concrete checks and debris on the truck. Johnson and the other employees picked up what the backhoe missed. The employees cleaned the ditch until lunch time, about two hours after Johnson appeared on the job.