Blom v. Yellowstone Park Ass'n
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before O. B. Lewis, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed. The burden of proof is upon defendant to show that plaintiff assumed the risk.
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Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before O. B. Lewis, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed. The burden of proof is upon defendant to show that plaintiff assumed the risk. Scharenbroich v. St. Cloud Fibre-Ware Co., 59 Minn. 116, 123. To constitute a valid waiver the plaintiff’s conduct in continuing the service must have been with a full knowledge of the risk. 28 Am. & Eng. Enc. (1st Ed.) 527; Sims v. Lindsay, 122 N. C. 678; Russell v.…
1Opinion of the Court
START, O. J.
The plaintiff’s hand was crushed and burned while she was operating, as the employee of the defendant, an ironing mangle in the laundry department of one of its hotels in Yellowstone Park. She brought this action to recover damages for such injuries, and on the trial thereof the district court, at the close of *238the evidence, directed a verdict for the defendant. The plaintiff appealed from an order denying her motion for a new trial.
The evidence was practically undisputed, and establishes these facts: The machine causing the injury was operated by steam, and was an old-style…
2Cases cited7 opinions
- Wuotilla v. Duluth Lumber Co.Supreme Court of Minnesota · 1887
- Christianson v. Northwestern Compo-Board Co.Supreme Court of Minnesota · 1901
- Walsh v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- Berger v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sutton v. Des Moines Bakery Co.Supreme Court of Iowa · 1907
- Duggan v. HeaphySupreme Court of Vermont · 1912
- Grimm v. Omaha Electric Light & Power Co.Nebraska Supreme Court · 1907
- Snyder v. Waldorf Box Board Co.Supreme Court of Minnesota · 1910
- Swenson v. Osgood & Blodgett Manufacturing Co.Supreme Court of Minnesota · 1904
12 more not listed; retrieve them via the Exa API.