Mitton v. Cargill Elevator Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by the administratrix of the estate of Lome Mutton, deceased, to recover $7,500 for the death of her intestate.
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Action in the district court for Hennepin county by the administratrix of the estate of Lome Mutton, deceased, to recover $7,500 for the death of her intestate. The answer admitted that there was no guard or rail on the left-hand side of the stairs leading down to defendant’s engine room and no fence or guard around the fly wheels therein; it further alleged that the intestate was well acquainted with the engine house and the position of the stairs and engine, and that when he went there he went at his own risk and assumed the risk thereof. The case was tried before Dickinson, J., who when…
1Opinion of the CourtBunn, J.
This action was brought by the administratrix of the estate of Lome Mitton, her deceased husband, to recover damages for his death, alleged to have been caused by the negligence of defendant. At the close of the plaintiff’s case, the action was dismissed. Plaintiff appeals from an order denying a new trial.
The chief question involved is whether or not the trial court erred in dismissing the action. The theory upon which the trial court acted, and the position of respondent on this appeal, is that no causal connection was shown between the negligence of defendant and the death of plaintiff’s…
2Cases cited9 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Lillstrom v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
- Moores v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
- Olson v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Orth v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Brunsting v. Lutsen Mountains Corp.Court of Appeals for the Eighth Circuit · 2010
- Hallada v. Great Northern RailwaySupreme Court of Minnesota · 1955
- Leblanc v. GrilloSupreme Court of Connecticut · 1942
- Maher v. Duluth Yellow Cab Co.Supreme Court of Minnesota · 1927
- Paine v. Gamble Stores, Inc.Supreme Court of Minnesota · 1938
38 more not listed; retrieve them via the Exa API.