O'Brien v. Northwestern Consolidated Milling Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $2,-000 for personal injuries. The answer alleged that any injury was caused by the negligence of plaintiff and that the instrumentality causing the injury was simple, and any and all things connected therewith were open and obvious to plaintiff, and to any person of ordinary intelligence, and that he understood and assumed the risks. The reply denied these allegations.
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Action in the district court for Hennepin county to recover $2,-000 for personal injuries. The answer alleged that any injury was caused by the negligence of plaintiff and that the instrumentality causing the injury was simple, and any and all things connected therewith were open and obvious to plaintiff, and to any person of ordinary intelligence, and that he understood and assumed the risks. The reply denied these allegations. The case was tried before Hale, J., and a jury which returned a verdict in favor of plaintiff for $300. From the judgment entered pursuant to the findings, defendant…
1Opinion of the CourtPhilip E. Brown, J.
Action to recover for personal injuries alleged to have been caused by the defendant’s negligence. Verdict for the plaintiff. The defendant appealed from a judgment entered after a denial of its motion for judgment notwithstanding a verdict or for a new trial.
The material facts touching the alleged negligence of the defendant, as shown by the record, are as follows:
The defendant had been operating the St. Anthony H flour mill in Minneapolis for more than thirty years. There were two adjoining rooms therein, the floors of which were not on a level; the floor of one being between four and…
2Cases cited7 opinions
- Koschman v. AshSupreme Court of Minnesota · 1906
- Adams v. CastleSupreme Court of Minnesota · 1896
- Dessecker v. Phœnix Mills Co.Supreme Court of Minnesota · 1906
- Anderson v. Fred Johnson Co.Supreme Court of Minnesota · 1911
- Kaufman v. BarbourSupreme Court of Minnesota · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Altus v. MartinSupreme Court of Oklahoma · 1954
- French v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1915
- Falkenberg v. PartridgeSupreme Court of Minnesota · 1913
- Alaska Packers' Ass'n v. GoverCourt of Appeals for the Ninth Circuit · 1922
- City of Altus v. MartinSupreme Court of Oklahoma · 1954
1 more not listed; retrieve them via the Exa API.