Legal Opinion

Vogt v. Honstain

Supreme Court of Minnesota

Decided January 3, 1902No. Nos. 12,773-(147)PublishedCited by 8 opinions

Action in the district court for Ramsey county to recover $2,600 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a general verdict in favor of plaintiff for $400, and returned the special findings of fact set out in the opinion. From an order granting defendant’s motion for judgment in his favor notwithstanding the general verdict, plaintiff appealed.

1Opinion of the CourtStart, C. J.

This is an action to recover for personal injuries sustained by the plaintiff by reason of the alleged negligence of the defendant. The result of the former appeal herein (see 81 Minn. 174, 88 N. W. 533) was that the cause was remanded for a new trial. On the second trial the jury found a general verdict for the plaintiff in the sum of $400, and answered specific questions of fact submitted to them by the court as follows:

“First. Did Edward Warreu promise plaintiff that he would have a scaffold built to protect him from falling materials?” “Yes.”
“Second. In remaining at work after the…

2Cases cited4 opinions

  1. Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
  2. State ex rel. Olsen v. Board of Control of State InstitutionsSupreme Court of Minnesota · 1902
  3. Vogt v. HonstainSupreme Court of Minnesota · 1900
  4. Nettersheim v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1894

3Cited by8 opinions

  1. Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
  2. Johnson v. HelmerOregon Supreme Court · 1921
  3. Pysz v. Henry's Drug StoreDistrict Court of Appeal of Florida · 1984
  4. Krumdick v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1903
  5. Ready v. Peavy Elevator Co.Supreme Court of Minnesota · 1903

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