FORMONT v. KIRCHER

No. 9546.

420 P.2d 661 (1965)

Howard FORMONT, Plaintiff-Appellant, v. James R. KIRCHER, Defendant-Respondent.

Supreme Court of Idaho.

On Rehearing November 21, 1966.


Attorney(s) appearing for the Case

Kramer, Walker, Pope & Plankey, Twin. Falls, for appellant.

J. F. Martin and C. Ben Martin, Martin. & Martin, Boise, for respondent.


KNUDSON, Justice.

On May 29, 1961, plaintiff-appellant, while engaged in the loading of a horse into a truck, was thrown from the truck on to the ground, as a result of which he suffered, among other things, a compound comminuted fracture of the tibia and fibula of his right leg approximately 6 inches above the ankle joint.

Plaintiff was promptly taken to a hospital in Nyssa, Oregon, where he was treated by Dr. Kenneth E. Kerby, under whose care he remained...

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