[Download] "Mearl R. Metz v. Elden J. Haskell" by Supreme Court of Idaho No. 9519 # eBook PDF Kindle ePub Free
eBook details
- Title: Mearl R. Metz v. Elden J. Haskell
- Author : Supreme Court of Idaho No. 9519
- Release Date : January 08, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal is from an order granting a summary judgment in favor of the defendant-respondent, Elden J. Haskell, dba Holiday Motel, at Twin Falls. For consideration of a motion for summary judgment, on appeal this court views the evidence in that light most favorable to the appellant and resolves all doubts in his favor. Sutton v. Brown, 85 Idaho 104, 375 P.2d 990 (1962). Mearl Metz, plaintiff-appellant herein, was employed by Long's Radio and T.V. Service of Twin Falls, Idaho. His duties included ""antenna work and doing odd jobs."" However, he rarely climbed ladders to install or repair roof antennas; he ""usually put the antennas together down on the ground, and then they [his employers] pulled them up by rope."" In the late afternoon of June 29, 1960, Metz delivered, in his own panel truck, two television stands to Haskell at the motel. While at the motel Haskell asked Metz to check the television set in his personal apartment. Metz noticed that the lead-in wire to the antenna on the roof was disconnected. Metz stated to Haskell that he could repair the antenna but that he would have to return to the shop to obtain a ladder as he did not have one with him that was high enough to reach the roof. Haskell, however, offered Metz the use of a ladder which was on the premises. Haskell located the ladder and set it up against the building. The ladder, as described by the trial court: