Legal Opinion

Merrill v. Pike

Supreme Court of Minnesota

Decided February 3, 1905No. Nos. 14,176, 14,177—(164)PublishedCited by 14 opinions

Action in the district court for Hennepin county to recover $20,900 for personal injuries. The case was tried before Willard R. Cray, J., and a jury, which rendered a verdict in favor of- plaintiff for $2,000. Defendant moved for judgment notwithstanding the verdict or for a new trial, and from an order granting the motion for a new trial and denying the motion for judgment notwithstanding the verdict, plaintiff and defendants respectively appealed.

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Action in the district court for Hennepin county to recover $20,900 for personal injuries. The case was tried before Willard R. Cray, J., and a jury, which rendered a verdict in favor of- plaintiff for $2,000. Defendant moved for judgment notwithstanding the verdict or for a new trial, and from an order granting the motion for a new trial and denying the motion for judgment notwithstanding the verdict, plaintiff and defendants respectively appealed. Reversed on plaintiff’s appeal and judgment ordered for plaintiff on the verdict, less $75.

1Opinion of the CourtLewis, J.

Plaintiff was injured by falling through a hole in the second floor of a building where he was at work assisting in placing a joist for the third-story floor. The trial resulted in a verdict of $2,000 for plaintiff, and appeal was taken by defendants from an order of the court refusing their motion for judgment notwithstanding the verdict, and by plaintiff from the order granting a new trial.

1. The construction of the building was under the direction of a foreman. The second floor was made by laying two-inch planks upon joists permanently placed, and the object of this temporary floor was to…

2Cases cited9 opinions

  1. Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
  2. Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
  3. Fitger v. GuthrieSupreme Court of Minnesota · 1903
  4. Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
  5. Sims v. American Steel Barge Co.Supreme Court of Minnesota · 1894

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

3Cited by14 opinions

  1. St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
  2. Marple v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1911
  3. Althoff v. TorrisonSupreme Court of Minnesota · 1918
  4. Mix v. DowningSupreme Court of Minnesota · 1929
  5. Gay v. KelleySupreme Court of Minnesota · 1909

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

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