LEHMAN v. BAIR

No. 9096.

375 P.2d 714 (1962)

Herbert R. LEHMAN, Plaintiff-Appellant, v. LaMont BAIR, d/b/a Bair's Service Station, Defendant-Respondent.

Supreme Court of Idaho.

October 29, 1962.


Attorney(s) appearing for the Case

Albaugh, Bloem, Smith & Pike, Idaho Falls, for appellant.

Holden, Holden, Kidwell & Williams, Idaho Falls, for respondent.


KNUDSON, Justice.

On March 23, 1959, appellant drove his pickup truck onto the service station grounds of respondent at Idaho Falls to purchase diesel fuel. Appellant stopped his truck facing east on the south side of the diesel pump where he obtained a quantity of fuel.

In the service area and for a distance of approximately 6 ft. south of the diesel pump is a concrete "apron". Immediately south of the concrete "apron" is a "hardtop" surface of asphalt. At...

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