Cook v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Plaintiff, a boy of 19 years, was employed by defendant about its tracks in St. Paul, in spiking rails and shovelling. On the night of June 10, 1884, the Union Passenger Depot in that city was partially destroyed by fire. In the morning of June 11th, by order of one Brennan, the defendant’s roadmaster, and of one King, the foreman of the gang in which plaintiff was working, the plaintiff was set to work at removing the ashes and debris in the depot.
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Plaintiff, a boy of 19 years, was employed by defendant about its tracks in St. Paul, in spiking rails and shovelling. On the night of June 10, 1884, the Union Passenger Depot in that city was partially destroyed by fire. In the morning of June 11th, by order of one Brennan, the defendant’s roadmaster, and of one King, the foreman of the gang in which plaintiff was working, the plaintiff was set to work at removing the ashes and debris in the depot. After plaintiff had worked on the first floor of the building for several hours, King directed him to go up-stairs, where three other men were…
1Opinion of the CourtBerry, J.
The general duty of a master to exercise care to prevent the exposure of his servant to unnecessary and unreasonable risks requires him, among other things, to use reasonable diligence in seeing that the place where the service is to be performed is safe for that purpose. Noyes v. Smith, 28 Vt. 59; Hutchinson v. Railway Co., 5 Exch. 343; Gibson v. Pacific R. Co., 46 Mo. 163; Huddleston v. Lowell Machine Shop, 106 Mass. 282; Snow v. Housatonic R. Co., 8 Allen, 441; Sullivan v. India Mfg. Co., 113 Mass. 396; Ryan v. Fowler, 24 N. Y. 410; Patterson v. Pittsburg & C. R. Co., 76 Pa. St. 389;…
2Cases cited8 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Swoboda v. WardMichigan Supreme Court · 1879
- Noyes v. SmithSupreme Court of Vermont · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
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