Arnold v. Dauchy
Supreme Court of Minnesota
Action, in the district court for Hennepin county agUinst W. E. Dauchy, W. E. Carey and Winston Brothers Company, to recover $25,000 for personal injuries. The answer alleged among other matters that plaintiff received the injury of which he complained while working as shovel pitman; that he was experienced in that class of work and fully appreciated the dangers incident thereto, and that his injuries were due to his own negligence. The reply was a general denial.
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Action, in the district court for Hennepin county agUinst W. E. Dauchy, W. E. Carey and Winston Brothers Company, to recover $25,000 for personal injuries. The answer alleged among other matters that plaintiff received the injury of which he complained while working as shovel pitman; that he was experienced in that class of work and fully appreciated the dangers incident thereto, and that his injuries were due to his own negligence. The reply was a general denial. The case was tried before Hale, J., who directed a verdict in favor of the defendants. Erom an order denying plaintiff's motion…
1Opinion of the CourtStart, C. J.
The plaintiff, »an employee of the defendants as one of a steam shovel crew, was injured by a bank caving in while he was aiding in the removal of sand, gravel, and rock from the bank with the steam shovel. He brought this action in the district court of the county of Hennepin to recover damages on account of his injury.
The here material allegations of the complaint are to the effect that: On January 7, 1909, the defendants were, and for some time previous thereto had been, operating a steam shovel near Lothrop, Montana, for the purpose of removing from the bank of a hill, dirt, rock, and…
2Cases cited4 opinions
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Carlson v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1896
- Bennett v. Syndicate InsuranceSupreme Court of Minnesota · 1888
- Reiter v. Winona & St Peter RailroadSupreme Court of Minnesota · 1898
3Cited by8 opinions
- Mechler v. McMahonSupreme Court of Minnesota · 1930
- Osborn v. WillSupreme Court of Minnesota · 1931
- Marshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1915
- Merchants & Farmers Mutual Casualty Co. v. Saint Paul-Mercury Indemnity Co.Supreme Court of Minnesota · 1943
- Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
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