Orcutt v. J. Neils Lumber Co.
Supreme Court of Minnesota
Action in the district court for Benton county by the administratrix of the estate of Daniel Orcutt, deceased, to recover $5,000 for the death of her intestate. The answer denied that on July 15, 1909, or at any other time, Daniel Orcutt complained to defendant in respect to the method of adjustment of the grab hooks and chains, or that defendant promised to adjust the hooks differently.
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Action in the district court for Benton county by the administratrix of the estate of Daniel Orcutt, deceased, to recover $5,000 for the death of her intestate. The answer denied that on July 15, 1909, or at any other time, Daniel Orcutt complained to defendant in respect to the method of adjustment of the grab hooks and chains, or that defendant promised to adjust the hooks differently. The answer alleged that decedent’s death was caused by his own- carelessness or was due to a risk incident to the work in which he was engaged; that the risks connected with his work were open, apparent,…
1Opinion of the CourtLewis, J.
On August 7, 1909, plaintiff’s intestate, Daniel Orcutt, was killed by logs which fell from a car he was unloading. Plaintiff recovered a verdict, and defendant appealed from the judgment.
The logs were piled in tiers on flat cars, and were shipped from the vicinity of Cass Lake to Sauk Rapids, where the accident occurred. They were held in place by chains fastened with fid hooks. When the hooks were adjusted with the shanks down, they could be released by a snap chain about twenty-two feet long fastened in a ring at the upper end. A man could stand away a safe distance and snap the hooks out.…
2Cases cited2 opinions
- Greene v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Webster Manufacturing Co. v. NisbettIllinois Supreme Court · 1903
3Cited by1 opinion
- Olson v. Joseph Gibson Co.Supreme Court of Minnesota · 1911