Benenson v. Swift & Co.
Supreme Court of Minnesota
Action in the district court for Kamsey county to recover $3,000 for personal injuries received' while in tbe employ of defendant. The answer denied negligence or want of care on defendant’s part, and alleged that the accident and injury were in part at least caused or induced by the negligence of plaintiff, that the conditions under which plaintiff was working at the time of the accident were patent and observable, and that he appreciated the risk.
Read the full summary
Action in the district court for Kamsey county to recover $3,000 for personal injuries received' while in tbe employ of defendant. The answer denied negligence or want of care on defendant’s part, and alleged that the accident and injury were in part at least caused or induced by the negligence of plaintiff, that the conditions under which plaintiff was working at the time of the accident were patent and observable, and that he appreciated the risk. The case was tried before Stolberg, J., and a jury which returned a verdict in favor of plaintiff for $400. From an order denying defendant’s…
1Opinion of the CourtPhilip E. Shown, J.
Action to recover damages claimed to have been caused by defendant’s failure to furnish plaintiff, its servant, a safe place in which to work. Defendant denied négligence on its part and alleged contributory negligence and assumption of risk. Plaintiff had a verdict. Defendant appealed from an order denying its alternative motion.
Plaintiff’s duties required him to pull a truck along an elevated platform, to and from defendant’s icing plant, in connection with the icing of refrigerator cars by means of chutes. The truck had two wheels 18 inches in diameter, set three feet apart, the extreme…
2Cases cited2 opinions
- Franklin v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1887
- Nustrom v. Shenango Furnace Co.Supreme Court of Minnesota · 1908
3Cited by2 opinions
- James v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1944
- Knott v. Missouri Boiler & Sheet Iron WorksSupreme Court of Missouri · 1923