Legal Opinion

Kelly v. Tyra

Supreme Court of Minnesota

Decided January 24, 1908No. Nos. 15,401—(150)PublishedCited by 38 opinions

Action in the district court for Hennepin county to recover $4,605 for personal injuries. The case was tried before Frederick V. Brown, J., and a jury which found for plaintiff in the sum of $1,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. This action was brought by plaintiff to recover for personal injuries as a result of defendant’s alleged negligence.

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Action in the district court for Hennepin county to recover $4,605 for personal injuries. The case was tried before Frederick V. Brown, J., and a jury which found for plaintiff in the sum of $1,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. This action was brought by plaintiff to recover for personal injuries as a result of defendant’s alleged negligence. One Robinson, plaintiff’s employer, who had the contract to construct a crematory building, sublet the roofing thereof to defendant. Defendant’s servants, Michaelson and…

1Opinion of the CourtJaggard, J.

(after stating the facts as above).

The negligence of defendant’s servants in this case was sufficiently shown. See McCauley v. Norcross, 155 Mass. 584, 30 N. E. 464, Dohn v. Dawson, 90 Hun, 271, 35 N. Y. Supp. 984. Cf. Hunt v. Pennsylvania, 51 Pa. St. 475.

1. The principal question presented by this appeal concerns plaintiff’s right to complain of that negligence. This is one of the frequently recurring cases in which servants of different masters assist each other upon request in work connected with their employment. The law has treated such cases with due reference to the practical desira*178bili…

2Cases cited54 opinions

  1. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  2. Pioneer Fireproof Construction Co. v. HansenIllinois Supreme Court · 1898
  3. Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  4. Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
  5. Larson v. American Bridge Co.Washington Supreme Court · 1905

49 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Eugene Dietzen Co. v. Industrial BoardIllinois Supreme Court · 1917
  2. James v. AlbertsMichigan Supreme Court · 2001
  3. Gray v. HolmanSupreme Court of Oklahoma · 1995
  4. Bogart v. HesterNew Mexico Supreme Court · 1959
  5. Barnett v. BarnettSupreme Court of Oklahoma · 1996

33 more not listed; retrieve them via the Exa API.

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