Swords v. McDonell
North Dakota Supreme Court
Appeal from tbe District Court of Ward County; Leighton, J. .Action by John Swords against Benjamin McDonell. Plaintiff had judgment. Defendant appeals. It is the duty of the master to furnish a reasonably safe place for his servant to work. He is not required to provide a place that is absolutely safe. Frequently the work which the servant is employed to do is dangerous in itself, and of course the servant assumes the ordinary risk in performing that work.
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Appeal from tbe District Court of Ward County; Leighton, J. .Action by John Swords against Benjamin McDonell. Plaintiff had judgment. Defendant appeals. It is the duty of the master to furnish a reasonably safe place for his servant to work. He is not required to provide a place that is absolutely safe. Frequently the work which the servant is employed to do is dangerous in itself, and of course the servant assumes the ordinary risk in performing that work. Ross-Paris Co. v. Brown, 121 Ky. 821, 90 S. W. 568; Wilson v. Chess & W. Co. 117 Ky. 567, 78 S. W. 453; Wood, Mast. & S. § 325. A preson…
1Opinion of the Court
Eisk, Ch. J.
While in defendant’s employ as a common laborer-, and engaged in shoveling gravel into a wagon out of a gravel pit in Minot, plaintiff was severely injured by the falling of a ledge or overhanging embankment, and he sues to recover damages for such injuries. The trial in the court below resulted in a verdict in his favor for the sum of $3,000. The appeal is from the judgment entered pursuant to the verdict, no motion for a new trial having been made.
The testimony relating to the important issues is in dispute; but the jury having resolved these issues in plaintiff’s fa.vor, and…
2Cases cited18 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Brown v. WhiteSupreme Court of Pennsylvania · 1902
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Reed v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
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3Cited by2 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1955
- Cummings v. DeleenNorth Dakota Supreme Court · 1925