SWIFT & COMPANY v. GUTIEREZ

No. 8131.

277 P.2d 559 (1954)

SWIFT & COMPANY, a corporation, Plaintiff-Appellant, v. Joe GUTIEREZ, Defendant-Respondent.

Supreme Court of Idaho.

December 9, 1954.


Attorney(s) appearing for the Case

William H. Foster, Grangeville, for appellant.

Lowe & Lowe, T. H. Church, Burley, for respondent.


THOMAS, Justice.

A tort action was brought by plaintiff, appellant here, to recover damages arising out of the destruction of its property being transported in a truck by private contract carrier. This truck collided with a truck owned and operated by defendant, respondent here.

Defendant's answer consisted of a general denial and an affirmative defense that the negligence of the private contract carrier was the proximate cause of any damages suffered by plaintiff...

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