# Lebak v. Nelson

> Idaho Supreme Court · October 24, 1940 · 62 Idaho 96

URL: https://www.frixlaw.com/law-library/cases/3411917

## Case

- **Full name:** HELEN CAROLINE LEBAK, CLARA MAY LEBAK and OSMOND LEBAK, Jr., the Minor Children of OSMOND LEBAK, Deceased, by L. R. LOOMIS, Their Guardian Ad Litem and Guardian of Their Estates; DEPARTMENT OF FINANCE OF THE STATE OF IDAHO, for and on Behalf of the State Insurance Fund of the State of Idaho, Respondents, v. OLOF NELSON, OLOF NELSON CONSTRUCTION COMPANY, a Corporation, and JAMES R. HODGEN, Appellants
- **Court:** Idaho Supreme Court
- **Decided:** October 24, 1940
- **Citations:** 62 Idaho 96; 107 P.2d 1054; 1940 Ida. LEXIS 63
- **Precedential status:** Published
- **Opinion:** Addendum by Givens
- **Judges:** Givens, Ailshie, Morgan, Budge, Holden
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3411917

## Opinion text

*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.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3411917. Public record. Not legal advice.