Dimetre v. Red Wing Sewer Pipe Co.
Supreme Court of Minnesota
Action in tbe district court for Goodbue county by tbe administrator of tbe estate of Andrew Naum, deceased, to recover $7,500 for tbe death of bis intestate while in tbe employ of defendant. Tbe answer alleged that tbe death of tbe intestate was caused by reason of bis negligence or solely by reason of tbe risks and dangers incident to tbe business in which tbe deceased was then engaged.
Read the full summary
Action in tbe district court for Goodbue county by tbe administrator of tbe estate of Andrew Naum, deceased, to recover $7,500 for tbe death of bis intestate while in tbe employ of defendant. Tbe answer alleged that tbe death of tbe intestate was caused by reason of bis negligence or solely by reason of tbe risks and dangers incident to tbe business in which tbe deceased was then engaged. Tbe case was tried before Johnson, J., who denied defendant’s motion to dismiss tbe action and its motion for a directed verdict in its favor, and a jury which returned a verdict for $1,600 in favor of…
1Opinion of the Court
Taylor, 0.
Andrew Naum, an Albanian 18 years of age, while at work for defendant in its clay pit, was buried beneath a mass of clay and earth which fell from tbe bank or wall of tbe pit, and sustained injuries which resulted in bis death. Plaintiff as administrator of bis estate brought this action for damages and recovered a verdict. Defendant made tbe usual alternative motion for judgment notwithstanding tbe verdict or for a new trial and appealed from tbe order denying tbe motion.
*134Defendant contends that tbe facts bring tbe case witbin tbe rule established in tbe so-called “gravel pit”…
2Cases cited35 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
30 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wittrock v. NewcomSupreme Court of Iowa · 1938
- James v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1944
- Miller v. MacAlester CollegeSupreme Court of Minnesota · 1962
- Marshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1915
- Keller v. WolfSupreme Court of Minnesota · 1953
4 more not listed; retrieve them via the Exa API.