Falkenberg v. Partridge
Supreme Court of Minnesota
Action in tbe district court for Kamsey county to recover $10,000 for personal injury received while in the employ of defendant.
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Action in tbe district court for Kamsey county to recover $10,000 for personal injury received while in the employ of defendant. The answer alleged that whatever injury plaintiff received was not caused by any negligent act or omission on the part of defendant but was caused by his own negligence; that the appliances and methods of doing the work were in plain view of plaintiff, and with full knowledge of the same he voluntarily entered upon the work and continued therein without objection or complaint, and he assumed all risk incidental thereto. The answer further set up that the injury to…
1Opinion of the CourtHallam, J.
The facts are in dispute, but there is evidence from which a jury might find as follows:
1. Plaintiff was in the employ of defendant as painter and decorator. He was engaged in painting the walls and ceilings of a residence. One Lucci was working with him and was foreman of the job. In the course of the work they used a simple scaffold, consisting of a plank resting upon two step ladders. The necessary planks and step ladders were furnished by defendant, and the planks furnished for this job were 11 and-16 feet in length. By and by they reached a part of the work that necessitated an 8-foot…
2Cases cited10 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Anderson v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Liberty Mutual Insurance v. Great Northern Railway Co.Supreme Court of Minnesota · 1928
- Outcelt v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1921
- Dobreff v. St. Paul Gaslight Co.Supreme Court of Minnesota · 1914
- Johnson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
- Johnson v. United Flour Mills Co.Supreme Court of Minnesota · 1915
1 more not listed; retrieve them via the Exa API.