Freeberg v. St. Paul Plow-Works
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court of Eamsey county, Egan, J., made August 5, 1891, refusing a new trial. Action by Augusta Freeberg, as administratrix of the estate of Olgar Freeberg, deceased, against the St. Paul Plow-Works, a corporation, under 1878 G. S. ch. 77, § 2, as amended by Laws 1889, ch. 109. Deceased was employed by defendant as a plow fitter at its factory in the village of Gladstone.
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Appeal by plaintiff from an order of the district court of Eamsey county, Egan, J., made August 5, 1891, refusing a new trial. Action by Augusta Freeberg, as administratrix of the estate of Olgar Freeberg, deceased, against the St. Paul Plow-Works, a corporation, under 1878 G. S. ch. 77, § 2, as amended by Laws 1889, ch. 109. Deceased was employed by defendant as a plow fitter at its factory in the village of Gladstone. While at work there, on August 21, 1890, he was accidentally killed. A driving shaft ran through the building overhead, near the ceiling. This shaft revolved very rapidly, and…
1Opinion of the CourtMitchell, J.
This was an action to recover for the death of plaintiff’s intestate, caused by the alleged negligence of the defend*107ant, in whose employment he was as a plow-fitter in its factory at Gladstone. When the plaintiff rested, the defendant moved to dis-' miss the action on the grounds: ■ (1) That there was no evidence of negligence on part of the defendant; (2) that the deceased had assumed the risks; (3) that he was guilty of contributory negligence. The court granted the motion, placing -its decision mainly on the ground that there was no evidence of defendant’s negligence. As we are of opinion…
2Cited by8 opinions
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Robertson v. FordIndiana Supreme Court · 1905
- Boyd v. City of DuluthSupreme Court of Minnesota · 1914
- Galveston, Harrisburg & San Antonio Railway Co. v. SweeneyCourt of Appeals of Texas · 1894
- Larson v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1919
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