Legal Opinion

Bertram v. Bemidji Brewing Co.

Supreme Court of Minnesota

Decided September 26, 1913No. Nos. 18,198—(224)PublishedCited by 4 opinions

Action in tbe district court for Beltrami county to recover $35,000 for personal injury received while in tbe employ of defendant.. Tbe answer alleged that plaintiff well knew, prior to tbe time of tbe accident, tbe dangers incident to tbe operation of tbe machine for filling bottles, with or without tbe hood or protector thereon, and entered into his employment in c-perating the machine with that knowledge and assumed all the risks incident to it.

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Action in tbe district court for Beltrami county to recover $35,000 for personal injury received while in tbe employ of defendant.. Tbe answer alleged that plaintiff well knew, prior to tbe time of tbe accident, tbe dangers incident to tbe operation of tbe machine for filling bottles, with or without tbe hood or protector thereon, and entered into his employment in c-perating the machine with that knowledge and assumed all the risks incident to it. The case was tried before Stanton, J., and a jury which returned a verdict for $5,000. From the judgment entered pursuant to the verdict,…

1Opinion of the CourtBrown, C. J.

Defendant is a corporation organized under the laws of the state and engaged in the brewing and sale of beer. In connection with its business it operates a bottling plant, wherein beer is bottled and prepared for sale and shipment to the trade. Plaintiff, for about a month prior to the time complained of, was in defendant’s employ as a common laborer, and as such performed such work about the brewing and bottling works as he was from time to time directed by the superintendent or foreman. HA was set to work at the bottling machine and was engaged in filling bottles with beer, when one of the…

2Cases cited4 opinions

  1. Smith v. PearsonSupreme Court of Minnesota · 1890
  2. Davidson v. Flour City Ornamental Iron WorksSupreme Court of Minnesota · 1909
  3. Snyder v. Waldorf Box Board Co.Supreme Court of Minnesota · 1910
  4. Shaver v. J. Neils Lumber Co.Supreme Court of Minnesota · 1909

3Cited by4 opinions

  1. Smith v. Gray Motor Co.Supreme Court of Minnesota · 1926
  2. Berg Ex Rel. Berg v. JohnsonSupreme Court of Minnesota · 1958
  3. Quinn v. St. Paul Boiler & Manufacturing Co.Supreme Court of Minnesota · 1915
  4. Jenkins v. JenkinsSupreme Court of Minnesota · 1945

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