Peyla v. Duluth, Missabe Iron Range Railroad Co.

Peterson, Justice.

Plaintiff brings this action to recover for personal injuries sustained on February 12, 1940, as the result of being hit by a speeder operated by defendant’s employes. Plaintiff charges that the accident was caused by the negligence of defendant’s employes operating the speeder. The defenses were that the defendant was not negligent and that plaintiff was guilty of contributory negligence and assumption of risk.

Plaintiff, who was employed by the Pickands Mather Company in its underground mine at Ely known as the “Zenith Mine,” was injured while crossing from the “dryhouse”…