Idaho Supreme Court, 1927

Stinger v. Dickens Consolidated Mines Co.

Stinger v. Dickens Consolidated Mines Co.
Idaho Supreme Court · Decided July 25, 1927 · Taylor, Lee, Budge, G-Ivens
258 P. 1117; 44 Idaho 558; 1927 Ida. LEXIS 150

Stinger v. Dickens Consolidated Mines Co.

Opinion of the Court

TAYLOR, J.

This is an appeal by Maryland Casualty Company from a judgment rendered on appeal from an award by the Industrial Accident Board against it and Aetna Casualty & Surety Company, respondent, and others, for the death of one Frank Stinger.

We have thoroughly examined the record and conclude that the bond of appellant was not issued to cover, and was not liable for, injuries to employees of the association known as Dickens Consolidated Mines Company, Operators, of which deceased was an employee at the time of his injury. The findings and conclusions against appellant are not sup *560 ported by the evidence, and the judgment thus far is erroneous.

It is ordered that the judgment against the appellant be vacated, annulled and held for naught, and, as to the remaining defendants, respondents, none of whom have appealed, it be affirmed. Costs to appellant.

Wm. E. Lee, C. J., and Budge, G-ivens and T. Bailey Lee, JJ., concur.

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