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MESSMER v. KER

No. 11369.

524 P.2d 536 (1974)

96 Idaho 75

Leonard MESSMER and Joseph Hartke, Plaintiffs-Respondents and Cross-Appellants, v. Keith M. KER, Defendant-Appellant and Cross-Respondent.

Supreme Court of Idaho.

July 16, 1974.

Attorney(s) appearing for the Case

St. Clair, St. Clair, Hiller & Benjamin, Idaho Falls, James L. Martsch, Furchner, Martsch & Baker, Blackfoot, for defendant-appellant and cross-respondent.

Terry L. Crapo, Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for plaintiffs-appellees and cross-appellants.

DONALDSON, Justice.

On August 2, 1968, a Mooney M-20F airplane piloted by Keith M. Ker, defendant-appellant and cross respondent, and owned by Max Ker and Son Lumber Company, crashed at the Bernard Airstrip in the Idaho primitive area near the Middle Fork of the Salmon River at about 7:40 a.m. Injured in the crash were passengers Leonard Messmer and Joseph Hartke, plaintiffs-respondents and cross-appellants. On June 8, 1970, Messmer and Hartke filed this action to...

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