Legal Opinion

Fidelity & Casualty Co. of New York v. Northwestern Telephone Exchange Co.

Supreme Court of Minnesota

Decided May 24, 1918No. 20,811PublishedCited by 49 opinions

Action in the district court for Ramsey county to recover $5,287.28, which Minneapolis General Electric Company, holding an indemnity policy of plaintiff company, was compelled to pay for injuries received by Vernon Schweiger while employed as lineman by the electric company.

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Action in the district court for Ramsey county to recover $5,287.28, which Minneapolis General Electric Company, holding an indemnity policy of plaintiff company, was compelled to pay for injuries received by Vernon Schweiger while employed as lineman by the electric company. The answer specifically denied the injuries sustained by Schweiger were caused by any act or default of defendant, and alleged that they were due to the sole fault or negligence of plaintiff or of some other person or persons over whose actions defendant had no control. The case was tried before Dickson, J., who at the…

1Opinion of the CourtHallam, J.

1. Defendant and the Minneapolis General Electric Company eacn had its lines of poles in Minneapolis. They had a working agreement by which each used the poles of the other at a fixed charge. Each company strung and maintained its own wires. The wires and cables were customarily so securely attached to the poles as to sustain the weight of a man standing thereon, and it was the custom of men of both companies to use the wires and cables as a footing in going up and down the poles, and such use was reasonably safe if the wires were strung and attached in accordance with the custom.

Vernon…

2Cases cited13 opinions

  1. Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
  2. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  3. Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
  4. Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
  5. Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913

8 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Hendrickson v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1960
  2. Hendrickson v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1960
  3. Tolbert v. Gerber Industries, Inc.Supreme Court of Minnesota · 1977
  4. Lunderberg v. BiermanSupreme Court of Minnesota · 1954
  5. Farr v. Armstrong Rubber CompanySupreme Court of Minnesota · 1970

44 more not listed; retrieve them via the Exa API.

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