Rothenberger v. Northwestern Consolidated Milling Co.
Supreme Court of Minnesota
Appeal by defendant, the Northwestern Consolidated Milling 'Company, a corporation, from an order of the District Court of Hennepin County, Thomas Canty, J., made December 2, 1893, denying its motion for a new trial. The plaintiff, George Eothenberger, was employed to dust the machines and sweep one of the floors in defendant’s flouring mill •at Minneapolis.
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Appeal by defendant, the Northwestern Consolidated Milling 'Company, a corporation, from an order of the District Court of Hennepin County, Thomas Canty, J., made December 2, 1893, denying its motion for a new trial. The plaintiff, George Eothenberger, was employed to dust the machines and sweep one of the floors in defendant’s flouring mill •at Minneapolis. He commenced work in January, 1892. On this floor defendant operated a large number of machines known as centrifugal reels enclosed in wooden casings. As a part of each machine there was a shaft projecting through the casing and on it…
1Opinion of the CourtCollins, J.
It is well settled in this state, as it is elsewhere, that if a servant who has knowledge of defects in the instrumentalities furnished for his use, or in machinery about which he is employed, gives notice thereof to the master, who thereupon promises that the defects shall be remedied, the servant may recover for an injury caused thereby, at least where the master requested or induced the servant to continue in the service, and the injury occurred within the time at which the defects were promised to be remedied, and where the instrumentality or machinery was not so imminently and…
2Cases cited3 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Lewis v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Lyberg v. Northern Pacific RailroadSupreme Court of Minnesota · 1888
3Cited by25 opinions
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Anderson v. SeropianCalifornia Supreme Court · 1905
- Homestake Min. Co. v. FullertonCourt of Appeals for the Eighth Circuit · 1895
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
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