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RATHBUN v. DEPARTMENT OF HIGHWAYS

No. 10859.

496 P.2d 937 (1972)

94 Idaho 700

Berneal RATHBUN et al., Plaintiffs-Appellants, v. The DEPARTMENT OF HIGHWAYS, a civil department of the State of Idaho, et al., Defendants-Respondents. Wayne L. RATHBUN et al., Plaintiffs-Appellants, v. The DEPARTMENT OF HIGHWAYS, a civil department of the State of Idaho, et al., Defendants-Respondents.

Supreme Court of Idaho.

May 4, 1972.

Attorney(s) appearing for the Case

James J. May, Twin Falls, for appellants.

Faber F. Tway, Chief Legal Counsel, Department of Highways, Boise, for respondents.

SHEPARD, Justice.

This is an appeal from a summary judgment in favor of defendants-respondents in a case wherein plaintiffs-appellants had brought suit for their personal injuries and the wrongful death of their husband and father.

On November 9, 1968 a car driven by Floyd Rathbun struck a large boulder on U.S. Highway 30. The driver of the vehicle was killed and passengers in the car were injured. Plaintiffs and appellants herein are in two groups. The first...

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