PETERSON'S ESTATE v. J. R. SIMPLOT CO., FOOD PROC. DIV.

No. 8919.

358 P.2d 587 (1961)

ESTATE of Archie M. PETERSON, Deceased, per his widow, Samantha L. Peterson, Claimant-Respondent, v. J. R. SIMPLOT COMPANY, FOOD PROCESSING DIVISION, Employer, and Argonaut Insurance Company, Surety, Defendants-Appellants.

Supreme Court of Idaho.

January 11, 1961.


Attorney(s) appearing for the Case

Moffatt & Thomas, Boise, for appellants.

Creason & Creason, Rupert, for respondent.

Carl A. Burke, of Elam & Burke, Boise, amicus curiae.


SMITH, Justice.

November 23, 1958, Archie M. Peterson, employed by appellant employer, suffered fractures of the humerus and ulna, together with muscle and nerve involvement, of his right arm, caused by an accident arising out of and in the course of his employment. Appellants, employer and surety, admitted liability on Peterson's compensation claim duly filed with the Industrial Accident Board.

Peterson died September 25, 1959. The Board found that his death...

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