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DANIELS v. BYINGTON

No. 15257.

707 P.2d 476 (1985)

109 Idaho 365

James DANIELS, and his wife, Ann Daniels, natural parents and representatives of the minor child, James Russell Daniels, Plaintiffs-Appellants, v. Dale BYINGTON, and his wife, Jane Doe Byington, Defendants-Respondents.

Court of Appeals of Idaho.

September 25, 1985.

Attorney(s) appearing for the Case

Marvin R. Stucki, Idaho Falls, for plaintiffs-appellants.

William D. Olson of Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendants-respondents.

WALTERS, Chief Judge.

James and Ann Daniels sued their neighbors, Dale and Shirley Byington, after the Daniels' six-year old son fell from a stationary boat on the Byingtons' property. The district court entered summary judgment in favor of the Byingtons. The Daniels appeal. They contend that the district court erred in concluding there was no concealed, dangerous condition on the boat and that, as a matter of law, the child would be held to have appreciated the danger...

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