Peterson v. Modjeski

I dissent. In my opinion the rules enunciated in all of the Minnesota decisions dealing with accidents of this kind, beginning with Olson v. McMullen, 34 Minn. 94, 24 N. W. 318, and ending with Dobreff v. St. Paul Gaslight Co. 127 Minn. 286, 149 N. W. 465, compel a finding that decedent assumed the risk as a matter of law. While these early cases involved actions brought by employees against employers before the enactment of workmen’s compensation laws, the principles which they developed apply with the same force to the instant claim against a third-party contractor.

*422In the Olson case the…