Rolseth v. Smith
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, sustaining a demurrer to the complaint, which alleged in substance the following facts: ■ Defendants are proprietors and operators of a saw-mill.
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Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, sustaining a demurrer to the complaint, which alleged in substance the following facts: ■ Defendants are proprietors and operators of a saw-mill. Prior to August 24, 1886, plaintiff had been in the employ of the defendants as a common laborer about the mill, and his work had been that of an unskilled workman, such as piling boards and handling lumber on the platform and in the yard, and he had never worked about any of the saws or machines of the mill. During this time one Armstrong was in the…
1Opinion of the CourtMitchell, J.
This action is brought to recover damages resulting from the alleged negligence of defendants, causing injuries to the plaintiff while in their employment in their saw-mill. The appeal is from an order sustaining a demurrer to the complaint, on the ground that it does not state a cause of action. The defendants’ contention is that the complaint is insufficient (1) because it does not allege anything that amounts to negligence on part of defendants; and (2) that it affirmatively appears that plaintiff himself was guilty of contributory negligence, or, at least, voluntarily assumed, as incident…
2Cases cited2 opinions
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
3Cited by13 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Chicago, St. Louis & Pittsburgh Railroad v. BarnesIndiana Court of Appeals · 1891
- Horn Silver Mining Co. v. RyanSupreme Court of Minnesota · 1889
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