Johnson v. St. Paul Gaslight Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $600. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
Plaintiff, a laborer, who was assisting in laying defendant’s mains in trenches excavated for that purpose, in a public street, was ordered by his foreman to start filling in a trench. He was tamping the earth back into the tunnel when a horse driven along the thoroughfare by a third person fell into the excavation and caused the damages here sought to be recovered. Plaintiff was familiar with the general manner in which such work was performed, and had been in defendant’s employ for about a month at similar work. He knew that horses and street cars passed over the street, and that at the…
2Cases cited6 opinions
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Collins v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1882
- Clark v. Riter-Conley Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Trimble v. Whitin Machine WorksMassachusetts Supreme Judicial Court · 1898
- Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
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