Ingersoll v. Randall
Supreme Court of Minnesota
This action was commenced in the district court for Dodge county. The complaint alleges, in substance, that the plaintiff at the instance, and for the use of the defendant, threshed 1,658 busheis of grain; that such threshing was reasonably worth the sum of $69.84, which the defendant promised to pay. One of the defenses set up in the answer was that the threshing was done with a machine, the knuckles and rods appertaining to which were not covered as the law requires.
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This action was commenced in the district court for Dodge county. The complaint alleges, in substance, that the plaintiff at the instance, and for the use of the defendant, threshed 1,658 busheis of grain; that such threshing was reasonably worth the sum of $69.84, which the defendant promised to pay. One of the defenses set up in the answer was that the threshing was done with a machine, the knuckles and rods appertaining to which were not covered as the law requires. To that portion of the answer containing this defense, the plaintiff demurred, on the ground that it did not contain a defens…
1Opinion of the Court
By the Court
YBeeRY, J.
Sec. 1, Ch. 60, p. 99, Laws 1868, makes it the duty of any person having and operating a threshing machine, the horse power and separator of which are‘connected by a tumbling rod, to box or cover and inclose the knuckles and rods between the outside horse and the machine, with a board box, so that no part thereof shall be exposed, whereby persons shall be liable to be injured when the machine is in operation.
Section 2 provides that any person who shall refuse or neglect to comply with the foregoing requirement, shall be deemed guilty of a misdemeanor, and shall be…
2Cases cited4 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Griffith v. WellsNew York Supreme Court · 1846
- Ocean Insurance v. PolleysSupreme Court of the United States · 1839
- Solomon v. DreschlerSupreme Court of Minnesota · 1860
3Cited by8 opinions
- Dillon v. AllenSupreme Court of Iowa · 1877
- Ferguson-Hendrix Co. v. Fidelity & Deposit Co. of MarylandWashington Supreme Court · 1914
- Garst v. Love WordSupreme Court of Oklahoma · 1896
- Crockin v. the Boston Store of Ft. Myers, Inc.Supreme Court of Florida · 1939
- Johnson v. BerrySouth Dakota Supreme Court · 1905
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