Larson v. Duluth, Missabe & Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $2,000 general damages, $200 special damages on account of loss of earning capacity and $100 for surgical and medical treatment, for injuries sustained while in defendant’s employ. The answer alleged that whatsoever injury plaintiff received was due to his own negligence, and that the risks and dangers which he encountered at the time of the accident were such as he assumed.
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Action in the district court for St. Louis county to recover $2,000 general damages, $200 special damages on account of loss of earning capacity and $100 for surgical and medical treatment, for injuries sustained while in defendant’s employ. The answer alleged that whatsoever injury plaintiff received was due to his own negligence, and that the risks and dangers which he encountered at the time of the accident were such as he assumed. The case was tried before Cant, J., who when defendant rested denied its motion for a directed verdict, and a jury which returned a verdict for $700.…
1Opinion of the Court
TayloR, C.
Defendant’s bridge and building department had a crew, of which plaintiff was a member, making preparations to remove an old station building from its original location in the western part of the city of Duluth to another point on its railway line. The work of the bridge and building department on this portion of the line was in charge of a foreman who hired and discharged the men, assigned them to various crews and appointed-the work to be performed by each crew. This crew was under a so-called “gang boss,” named Mayer, to whom the foreman gave his instructions concerning the work…
2Cases cited16 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
- Golden v. NewbrandSupreme Court of Iowa · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Seamer v. Great Northern Railway Co.Supreme Court of Minnesota · 1919
- Bogdon v. Los Angeles & S. L. R.Utah Supreme Court · 1922
- Laurie v. MuellerSupreme Court of Minnesota · 1956
- Fitzgerald v. Village of BoveySupreme Court of Minnesota · 1928
- First National Bank v. FoxSupreme Court of Minnesota · 1934
3 more not listed; retrieve them via the Exa API.