Wells v. Potlatch Forests, Inc.

183 P.2d 202, 67 Idaho 420, 1947 Ida. LEXIS 121
CourtIdaho Supreme Court
DecidedJuly 3, 1947
DocketNo. 7306.
StatusPublished
Cited by4 cases

This text of 183 P.2d 202 (Wells v. Potlatch Forests, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells v. Potlatch Forests, Inc., 183 P.2d 202, 67 Idaho 420, 1947 Ida. LEXIS 121 (Idaho 1947).

Opinion

MILLER, Justice.

June 4, 1943, Harry A. Wells, claimant and respondent, was in the employ of the Potlatch Forests, Inc., as fireman of a logging railroad locomotive, oil burner type, and running from Headquarters to logging camps served therefrom, and was used for hauling logs from the forests to landings and mills owned by said company. The record shows that respondent lived at Pierce, Idaho, and had been employed by the Potlatch Forests, Inc., in that vicinity for a number of years. In July, 1941, respondent took the job of firing on the logging railroad, and that respondent had not missed a shift for more than a year prior to June 4, 1943. The other members engaged with respondent in the operation of the logging train consisted of Paul Bailey, engineer, Willis Nines, conductor, and Pete Carr, brakeman.

*422 At that season of the year there is snow in the hills surrounding Headquarters, and the train crew must exercise care in watching for snow and rock slides on the railroad track. When the logging train left Headquarters on the early morning of June.4, 1943, respondent was engaged in his usual capacity as fireman. Willis Nines, the conductor, was riding in the cab of the engine. As the train left Headquarters, it commenced to climb a small hill. The method of cleaning out the flues was a “sanding out” process, and as they started to climb the hill, Mr. Nines shoveled sand into the fire box of the boiler for the purpose of cleaning out the flues. At that time respondent had his head out the cab window watching for slides, and was struck in the face and eyes by a charge of sand from the smokestack. He removed his head into the engine and said “Hell’s fire, I got sand in my eyes.” Mr. Nines took over the job of.firing and Pete Carr rendered first aid, and as a part thereof, prepared a solution of boric acid and water to wash the sand and grit from respondent’s eyes. The respondent experienced considerable pain and water ran from his eyes almost constantly. About noon, Charlie Horn, who was in charge of all trains and their crews at Headquarters, saw respondent and said, “I hear you got hurt, Harry. How are you getting along? Will you be able to make it all right and finish the shift?” The accident had been reported to the trainmaster by Mr. Nines. The next day respondent followed his usual duties, but his eyes hurt and he didn’t feel good, the left eye was inflamed and the vision cloudy. On Sunday, June 6, 1943, respondent went to Orofino and consulted Dr. W. F. Robertson. The doctor gave him 5% argyrol and boric acid packs to place on the eyes. Respondent returned to Headquarters and worked June 7, 8 and 9, but on the evening of the 9th he told Mr. Horn his eyes were giving him a lot of trouble. He was then issued a hospital ticket by Mr. Horn and went to a hospital at Orofino. The following Saturday he went again to the office of Dr. Robertson, at which time he was advised to see an eye specialist, Dr. D. K. Worden, at Lewiston. He was treated by Dr: Worden, who advised him to enter the hospital at Orófino for observation. Certain spinal punctures, specimen of blood and urinal tests were performed, and the respondent was advised that all tests were normal and the doctor suggested that he return to Pierce and rest at home, subject to further observation. He was discharged from the hospital at Orofino July 1, 1943. His vision at that time was very poor. The doctors at Orofino told him that they did not know what was wrong, but that he would be all right in a few days and to rest up and let them know.

After staying in Pierce for upwards of ten days, the respondent’s condition did not improve, and he returned to Orofino and was advised by Dr. Pappenhagen that he should go to Spokane to see Dr. J. W. Lynch. Upon arriving at Dr. Lynch’s office he was taken to the office of Dr. *423 Andrew de Roetth and he was placed in a hospital and another spinal puncture was performed. Dr. Lynch came to the hospital and told him that the results of these tests were negative and normal. Respondent was then advised by Dr. de Roetth and Dr. Lynch to return to the Orofino hospital, and he was in and out of said hospital until the latter part of September, 1943. His vision was progressively worse. In November he returned to Spokane and Dr. de Roetth performed an operation on his left eye for the purpose of relieving the pain. Allergy tests were performed, but there was no improvement in his vision. He then returned to Pierce on December 21, 1943, and stayed until just after New Year’s, when he left for Longview, Washington, to go under the care of his mother, at which time he was blind. In February, respondent returned to Dr. de Roetth and was advised that he had a double detachment of the retina. He then returned to Longview and went under the care of Dr. Clinton T. Cooke and Dr. Canfield Beattie. These doctors operated on the right eye, but the vision did not improve.

The record shows that prior to June 4, 1943, the date of the alleged accident, respondent had never had any trouble with his eyes and that his vision was very good. Doctors Cooke and Beattie testified by depositions that in their opinion the accident of June 4, 1943, contributed to and lighted up a condition which caused the respondent’s ultimate blindness. In the fall of 1945, respondent consulted Dr. J. W. Thompson of Moscow. Idaho. He found the right . eye was cataractous and the left eye negative.

The Constitution, Sec. 9, Art. V, as well as statutory provisions, Sec. 43-1408, I.C.A., limits the jurisdiction of the Supreme Court on appeals from the Board to a review of questions of law only. In the case of McNeil v. Panhandle Lumber Company, 34 Idaho 773, 783, 203 P. 1068, 1071, this court held: “The well-settled rule that forbids this court to reverse a trial court in cases in which the evidence is conflicting, but sufficient to sustain a decision, applies to the findings of fact made by the Industrial Accident Board in cases of this kind, and is applicable likewise to ■the district court in reviewing the decisions cf said Board; the jurisdiction of said courts in such cases being limited to a review of questions of law.”

In the case of Fackenthall v. Eggers Pole & Supply Co., 62 Idaho 46, 51, 108 P.2d 300, 302, it is said: “The evidence is of such a character and nature as might lead different minds to different conclusions as to the cause of the ailment about which they were testifying. This, however, is a good illustration of the wisdom of the rule, and perhaps a justification for it, that this court should not disturb the findings of the board when the witnesses have personally appeared and testified before them, whereas, the court has not had the opportunity of observing their appearance and de *424 meanor and the manner of their testifying. See Phipps v. Boise Street Car Co., [61 Idaho 740], 107 P.2d 148.”

In the case of Cain v. C. C. Anderson Co., 64 Idaho 389, 397, 133 P.2d 723, 726, a case in which the moving of a piano was claimed to have precipitated, accelerated or aggravated heart trouble, and caused or hastened his death, the court said:

“Death of a workman from coronary thrombosis or occlusion caused by overexertion when resulting from an accident is compensable.

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Related

Larson v. Bonneville Pacific Services Co.
793 P.2d 220 (Idaho Supreme Court, 1990)
Miller v. Bingham County
310 P.2d 1089 (Idaho Supreme Court, 1957)
Anderson v. Potlatch Forests, Inc.
291 P.2d 859 (Idaho Supreme Court, 1955)

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Bluebook (online)
183 P.2d 202, 67 Idaho 420, 1947 Ida. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-potlatch-forests-inc-idaho-1947.