(Download) "Thomas R. Walenta v. Mark Means Co." by Supreme Court of Idaho No. 9373 ~ Book PDF Kindle ePub Free
eBook details
- Title: Thomas R. Walenta v. Mark Means Co.
- Author : Supreme Court of Idaho No. 9373
- Release Date : January 29, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant (plaintiff) has appealed from a judgment of dismissal, as against respondents Mark Means Co., Inc., and Vernon C. Storey, entered pursuant to I.R.C.P. 12(b) (6), for alleged failure to state a claim upon which relief can be granted. Appellant, in his specifications of error, contends that the trial court erred in granting the judgment for the reasons: (1) that the allegations contained in his complaint state a claim upon which relief can be granted; and (2) that a jury should determine ""whether there was an intervening efficient cause as would prevent the negligence charged against * * * defendants [respondents] Mark Means Co., Inc., and Vernon C. Storey, from being the proximate cause of plaintiff's injuries and damages."" In his complaint appellant alleges that about 1:35 p. m. on September 23, 1961, he, accompanied by two other persons, was driving his automobile on U.S. Highway 95 in a southerly direction toward Lewiston, Idaho; that at that time and place a pickup truck, owned by respondent Mark Means Co., Inc., driven by respondent Storey, was also proceeding southerly on such highway; that the pickup was towing a fertilizer spreader, at a distance of about 200 feet ahead of appellant's vehicle; that suddenly and without warning, the spreader broke loose from the pickup truck, spun into the northbound lane of traffic, and collided with an automobile proceeding in a northerly direction, thereby blocking the highway; that appellant immediately applied his brakes in order to prevent colliding with the spreader and with the northbound vehicle which had swerved into the southbound lane of traffic after striking the spreader; that at this sequential time and place, another automobile being driven southerly on said highway by defendant Hadley collided with the rear of appellant's vehicle, forcing it off the west side of the highway into a borrow pit, and then through a wire fence into a plowed field; that thereby appellant suffered personal injuries and damages to his automobile for which he seeks recovery.