Opinion

Lebak v. Nelson

  • 62 Idaho 96
  • 107 P.2d 1054
  • 1940 Ida. LEXIS 63
Court
Idaho Supreme Court
Filed
Oct 24, 1940
Status
Published
Author
Givens
On the bench
Givens, Ailshie, Morgan, Budge, Holden
Cited by
32 cases

construing Idaho Workmen’s Compensation Act and holding that the provision reciting the purpose of the Act and the provision permitting an injured employee at his option to claim compensation or to proceed against a third party and subrogating any employer that has paid compensation are in pari materia

How later courts described this case

  • construing Idaho Workmen’s Compensation Act and holding that the provision reciting the purpose of the Act and the provision permitting an injured employee at his option to claim compensation or to proceed against a third party and subrogating any employer that has paid compensation are in pari materia

Written by the judges who cited it.

The opinion

*118

GIVENS, J.

I concur, except that my concurrence in reversal is rather on the ground that the error in refusing to permit the cross-examination under the statute of Pippinger has not become moot, than on the ground it was reversible error, in view of Instruction No. 21

1

, to admit in evidence before the jury the record of the award made by the Industrial Accident Board. However, I concur that the procedure outlined in the opinion as to this particular is correct.

Morgan, J., deeming himself disqualified, did not sit at the hearing or participate in the decision.

1

“You are further instructed that in arriving at and assessing damages, if you find for the plaintiffs, that it is immaterial in this case that said minors

has

received and are receiving or will receive compensation under the Workmens’ Compensation laws of the State of Idaho for the death of 'their father.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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