Legal Opinion

Perpich v. Leetonia Mining Co.

Supreme Court of Minnesota

Decided July 12, 1912No. Nos. 17,708—(153)PublishedCited by 17 opinions

Action in the district court for St. Louis county to recover $15,000 for personal injuries. The substance of the complaint and the defense set up in the answer are stated in the second paragraph of the opinion. The reply was a general denial.

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Action in the district court for St. Louis county to recover $15,000 for personal injuries. The substance of the complaint and the defense set up in the answer are stated in the second paragraph of the opinion. The reply was a general denial. The ease was tried before Dibell, J., who when plaintiff rested and again at the end of the trial refused defendant’s request to direct a verdict in its favor, and a jury which returned a verdict in favor of plaintiff for $1,9'75. Prom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

1Opinion of the CourtBrown, J.

Action for personal injuries, in which plaintiff had a verdict, and defendant appealed from an order denying its alternative motion for judgment or a new trial.

The facts are as follows: Plaintiff and one Martinovich were fellow laborers in the employ of defendant in its underground iron mine. Their labor consisted, by means of dynamite and other explosives, in blasting iron ore and preparing it for cartage out of the mine. Holes in the face of the wall of ore were drilled to a proper depth, dynamite inserted therein, and by means of fuse attached thereto exploded, and the ore dislodged and…

2Cases cited2 opinions

  1. Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
  2. Nutzmann v. Germania Life Insurance Co. of New YorkSupreme Court of Minnesota · 1900

3Cited by17 opinions

  1. Commonwealth v. MillsapsSupreme Court of Virginia · 1987
  2. Cote v. PalmerSupreme Court of Connecticut · 1940
  3. Highland v. Wilsonian Investment Co.Washington Supreme Court · 1932
  4. Delmar R. Aylor v. Intercounty Construction CorporationCourt of Appeals for the D.C. Circuit · 1967
  5. Bond v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1918

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