JOHNSON v. SUNSHINE MIN. CO., INC.

No. 14786.

684 P.2d 268 (1984)

106 Idaho 866

Melessa JOHNSON, Individually for herself and as an heir to the Estate of her deceased husband, James L. Johnson, also as personal representative for the Estate of James L. Johnson, Melessa Johnson, as guardian and mother of Christopher Johnson, natural child of Melessa Johnson and the deceased James L. Johnson, Melessa Johnson, as guardian and mother of Kevin Johnson, natural child of Melessa Johnson and the deceased James L. Johnson, Christopher Johnson and Kevin Johnson, individually for themselves, as children of the deceased James L. Johnson and heirs to his Estate, Plaintiff-appellants, v. SUNSHINE MINING CO., INC., a Delaware corporation doing business within the State of Idaho, Defendant-respondent.

Supreme Court of Idaho.

June 14, 1984.


Attorney(s) appearing for the Case

Nick Chenoweth, Orofino, Steven H. Sackmann, Othello, Wash., for plaintiffs-appellants.

James P. Keane and Charles L.A. Cox, of Brown, Keane, Boyd & Gibler, Kellogg, for defendant-respondent.


BAKES, Justice.

This case presents questions of the applicability and the constitutionality of I.C. § 36-1604 which grants a limitation on a landowner's liability to gratuitous recreational users of his property. Summary judgment was granted to defendant Sunshine Mining Company on the record which consists of the pleadings and affidavits. Viewed most favorably to the plaintiffs, the record in this case presents the following facts.

In 1946-47, Sunshine...

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