Hamlin v. Lanquist & Illsley Co.
Supreme Court of Minnesota
Action by the administrator of the estate of Charles O. Nichols,, deceased, in the district court for St. Louis county, to recover $5,000 for the death of his intestate.
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Action by the administrator of the estate of Charles O. Nichols,, deceased, in the district court for St. Louis county, to recover $5,000 for the death of his intestate. The complaint, after allegations concerning the construction of' the derrick mentioned in the opinion, alleged that defendant negligently reversed the position of the boom in the derrick so that, instead of extending the same outward from the mast in the opposite direction from where the stiff-legs were attached to the mast, it extended the boom while at work away from the mast in the same direction as were said stiff-legs,…
1Dissent
Laggard, T.,
(dissenting.)
One of three rulings governs this case:
First. There is no doubt as .to the general principle that a master must indemnify a servant who is injured by the negligence of a co-servant, when the delinquency consisted in a failure to discharge properly either the function of furnishing the instrumentalities with which the business is carried on or the function of keeping those instrumentalities up to the legal standard of safety while they continue to be used. 2 Labatt, Master and Servant, §§ 566, 567. And see Brown v. People, 81 Vt. 477, 71 Atl. 204, 22 L. R. A. (N. S.)…
2Cases cited32 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Lindvall v. WoodsSupreme Court of Minnesota · 1889
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
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