Legal Opinion

Fraser v. Red River Lumber Co.

Supreme Court of Minnesota

Decided January 13, 1891PublishedCited by 42 opinions

After the decision of a former appeal, (42 Minn. 520,) in which the complaint was sustained as against a demurrer, this action was tried in the district court for Polk county, before Mills, J., and plaintiff had a verdict of $2,100. The defendant appeals from an order refusing a new trial.

1Opinion of the CourtMitchell, J.

The defendant was engaged in the manufacture of lumber. It had a mill in which the lumber was sawed, and from which it was taken and piled in an adjoining yard. During the sawing season it employed in this yard a crew of from 40 to 60 men, a part of whom were engaged in piling the green lumber, while others were engaged in measuring, sorting, scaling, and delivering dry lumber. The plaintiff belonged to this crew, but his particular duties were assorting and scaling, and he had nothing to do.with the piling. His duties took him constantly about the yard, and made him famil*236iar with defendant’s…

2Cases cited4 opinions

  1. Lindvall v. WoodsSupreme Court of Minnesota · 1889
  2. Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
  3. Collins v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1882
  4. Roberts v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1885

3Cited by42 opinions

  1. Callan v. BullCalifornia Supreme Court · 1896
  2. Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
  3. Heald v. WallaceTennessee Supreme Court · 1902
  4. Marsh v. HermanSupreme Court of Minnesota · 1891
  5. Edward Hines Lumber Co. v. LigasIllinois Supreme Court · 1898

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