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FAWCETT v. IRBY

No. 9994.

436 P.2d 714 (1968)

William FAWCETT and Ed LeDuc, Plaintiffs-Appellants, v. Harold IRBY and Sweets Candy Co., Defendants and Third-Party Plaintiffs-Respondents, v. GOODFELLOW BROTHERS, a Corporation, Third-Party Defendant.

Supreme Court of Idaho.

Rehearing Denied February 19, 1968.

Attorney(s) appearing for the Case

Brown, Peacock & Keane, Kellogg, for plaintiffs-appellants.

Jeremiah A. Quane, Boise, Alden Hull, Wallace, for respondents.

E.L. Miller, Coeur d'Alene, for third-party defendant.

TAYLOR, Chief Justice.

About 4:30 p.m. July 14, 1964, a fourcar collision occurred on U.S. Highway 10 approximately four-tenths of a mile west of the city limits of Kellogg, Idaho. Plaintiff (appellant) Fawcett was driving his own automobile and plaintiff (appellant) LeDuc was a passenger in Fawcett's car. Both were injured and each filed a separate action for personal injuries, and Fawcett claimed damage to his automobile. The plaintiffs alleged that the injuries...

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