Legal Opinion

Evans v. Drake & Stratton Co.

Supreme Court of Minnesota

Decided July 19, 1912No. Nos. 17,710—(204)PublishedCited by 1 opinion

Action in the district court for St. Louis county to recover $2,000 for personal injuries. The substance of the pleadings will be found in the third and fourth paragraphs of the opinion. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

1Opinion of the CourtHolt, J.

The defendant, engaged in stripping a mine near Hibbing, had plaintiff in its employ as foreman of a crew of about sixteen drillers and blasters. In doing the work, a trench called the “approach” was sunk, leading into the pit or ore body to be stripped or uncovered. In this trench two narrow gauge railway tracks, with connecting switches and cross-over tracks, were laid. A steam shovel on one of these tracks loaded the material into dump cars, and these were pulled out to the dump and returned by so-called dinky engines. The tracks were on quite a downgrade towards the pit. The trench where…

2Cases cited5 opinions

  1. Floan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907
  2. Sours v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
  3. Sours v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
  4. Torkelson v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1912
  5. Sours v. Great Northern Railway Co.Supreme Court of Minnesota · 1903

3Cited by1 opinion

  1. Hagen v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1913

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