Crotty v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Cass county. Defendant demurred to the complaint. From the order overruling the demurrer, Stanton, J., defendant appealed.
1Opinion of the Court
Pee Cdeiam.
This is an appeal from an order overruling a demurrer to the complaint. It is alleged in substance that the defendant negligently furnished deceased with a defective monkey wrench for use in adjusting an air pump upon a locomotive *536engine, that defendant had been notified of the defect, that by reason of such negligent defect the wrench slipped while deceased was using it, and he was thrown to the ground and sustained injury from which he died. This is sufficient pleading of actionable negligence.
Appellant contends that it conclusively appears from the allegations of the complaint…
2Cited by3 opinions
- State ex rel. Board of Water Commissioners v. District CourtSupreme Court of Minnesota · 1950
- Skow v. Dahl Punctureless Tire Co.Supreme Court of Minnesota · 1915
- Foley v. BennettSupreme Court of Minnesota · 1945