Carlson v. Minneapolis Street Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $3,659.13 damages awarded Dorothy Eapley, under the Workmen’s Compensation Act, for the death of her husband while in the employ of plaintiff. The answer admitted that one Charles J. Eapley was injured by colliding with a street car of defendant, but denied that the collision occurred as alleged in the complaint and denied that it was caused by any negligence on the part of defendant.
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Action in the district court for Hennepin county to recover $3,659.13 damages awarded Dorothy Eapley, under the Workmen’s Compensation Act, for the death of her husband while in the employ of plaintiff. The answer admitted that one Charles J. Eapley was injured by colliding with a street car of defendant, but denied that the collision occurred as alleged in the complaint and denied that it was caused by any negligence on the part of defendant. The ease was tried before Fish, J., who at the close of the testimony denied defendant’s motion for a directed verdict and a jury which returned a…
1Opinion of the CourtQuinn, J.
Plaintiff was engaged in the scavenger business in the city of Minneapolis. Charles J. Eapley was employed as one of his teamsters, and during the early morning of June 30, 1915, while in the performance of his duties, he dumped a load of waste into the river below the Washing ton Avenue bridge, and then started on his way home. He drove up the incline from the river and along Twenty-first Avenue south to its inter section with Washington Avenue. As he turned to the east to cross the bridge, one of defendant’s street cars approached and struck the left wheel of the wagon, throwing Eapley from…
2Cases cited1 opinion
- McGarvey v. Independent Oil & Grease Co.Wisconsin Supreme Court · 1914
3Cited by14 opinions
- Disbrow v. Deering Implement Co.Supreme Court of Iowa · 1943
- Podgorski v. KerwinSupreme Court of Minnesota · 1919
- McGuigan v. AllenSupreme Court of Minnesota · 1925
- Stowell v. Texas Employers' Ins. Ass'nCourt of Appeals of Texas · 1924
- United States Fidelity & Guaranty Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1924
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