Oelschlegel v. Chicago Great Western Railway Co.
Supreme Court of Minnesota
Action in the district court for Dakota county to recover $6,750 for personal injuries. The cause was tried before Crosby, J., and a jury, which returned a verdict of $500 in plaintiff’s favor. From a judgment entered on the verdict, defendant appealed. The liability of a master to his servant arises ex contractu. He contracts against his own negligence, not against the negligence of a fellow servant in the same common employment. Farwell v. Boston, 4 Mete.
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Action in the district court for Dakota county to recover $6,750 for personal injuries. The cause was tried before Crosby, J., and a jury, which returned a verdict of $500 in plaintiff’s favor. From a judgment entered on the verdict, defendant appealed. The liability of a master to his servant arises ex contractu. He contracts against his own negligence, not against the negligence of a fellow servant in the same common employment. Farwell v. Boston, 4 Mete. (Mass.) 49; Brown v. Winona & St. P. R. Co., 27 Minn. 162; Lindvall v. Woods, 41 Minn. 212. It is not the rank of the employee, or his…
1Opinion of the CourtCollins, J.
This was a personal injury action in which plaintiff had a verdict. He was in defendant’s employ as a machinist’s helper in a repair shop, and one Ferguson was a machinist in the same shop. Robb was the foreman of all the shop men, but one Dressel had charge of the gang in which plaintiff worked. On the day of the accident Ferguson was engaged in “stripping” a locomotive which had been run into the shop for repairs, and for that purpose had been placed over the ordinary shop pit. Wishing to remove what is known as the front door of the locomotive, Ferguson, in the presence of plaintiff,…
2Cases cited4 opinions
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Lindvall v. WoodsSupreme Court of Minnesota · 1889
- Marsh v. HermanSupreme Court of Minnesota · 1891
- Soutar v. Minneapolis International Electric Co.Supreme Court of Minnesota · 1897
3Cited by6 opinions
- Gittens v. William Porten Co.Supreme Court of Minnesota · 1903
- Hagerty v. EvansSupreme Court of Minnesota · 1902
- Falkenberg v. PartridgeSupreme Court of Minnesota · 1913
- Bell v. LangSupreme Court of Minnesota · 1901
- Berg v. Pittsburgh Construction Co.Supreme Court of Minnesota · 1915
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