Kempfert v. Gas Traction Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $4,000 for personal injuries. The answer denied any want of care on defendant’s part and alleged that plaintiff, with others, was preparing to load one of defendant’s gas traction engines upon a car for shipment, and after making proper examination of the various parts of the engine to see that it was in proper condition, one Shoening got upon the platform of the engine and started to back the engine, being entirely…
Read the full summary
Action in the district court for Hennepin county to recover $4,000 for personal injuries. The answer denied any want of care on defendant’s part and alleged that plaintiff, with others, was preparing to load one of defendant’s gas traction engines upon a car for shipment, and after making proper examination of the various parts of the engine to see that it was in proper condition, one Shoening got upon the platform of the engine and started to back the engine, being entirely unaware that plaintiff was in a position of danger, thus causing one of the wheels to pass over plaintiff’s foot,…
1Opinion of the CourtBrown, J.
This, action was brought to recover damages for injuries alleged to have been caused by the negligence of defendant.. A verdict was directed for defendant on the trial below, and plaintiff appealed from an order denying a new trial.
The facts are as follows: Defendant is a corporation, and as such engaged in the sale and manufacture of gasolene traction engines, having in its employ in and about its factory a large number of workmen. The engines so manufactured are of a very large type, weighing about six tons each. The main or drive wheel is 8 feet in diameter, and the tire or surface thereof…
2Cases cited7 opinions
- Hess v. Adamant Manufacturing Co. of AmericaSupreme Court of Minnesota · 1896
- Lohman v. Swift & Co.Supreme Court of Minnesota · 1908
- Cody v. LongyearSupreme Court of Minnesota · 1908
- Aho v. Adriatic Mining Co.Supreme Court of Minnesota · 1912
- Dizonno v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Schneider v. the Texas Co.Supreme Court of Minnesota · 1955
- Lucey v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1913
- Mahr v. ForrestalSupreme Court of Minnesota · 1914