Davidson v. Flour City Ornamental Iron Works
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $5,000 for personal injuries. The. case was tried before Holt, J., and a jury, which returned a verdict in favor of plaintiff for $4,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
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Action in the district court for Hennepin county to recover $5,000 for personal injuries. The. case was tried before Holt, J., and a jury, which returned a verdict in favor of plaintiff for $4,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed. The provisions of R. L. 1905, § 1813, are not applicable to the case at bar, but if they are defendant’s motion should have been granted because the operator and respondent were fellow servants. Northern Pac. R. Co. v. Herbert, 116 U. S. 642; McMahon v. Davidson, 12 Minn. 232, 249…
1Opinion of the CourtLewis, J.
Appellant is engaged in the manufacture of ornamental iron work in the city of Minneapolis. One Sandstrom, who had been in the employ of appellant for about a year, was operating an emery wheel about twenty four inches in diameter, which revolved at the rate of about one thousand revolutions per minute. The guard provided for this wheel had been temporarily “removed by Sandstrom, and while running without the guard the wheel burst, and one of the pieces struck re*20spondent, who was at work some forty feet distant, and inflicted a compound fracture of the thigh bone. Respondent recovered a…
2Cases cited12 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Wuotilla v. Duluth Lumber Co.Supreme Court of Minnesota · 1887
- Tvedt v. WheelerSupreme Court of Minnesota · 1897
- Christianson v. Northwestern Compo-Board Co.Supreme Court of Minnesota · 1901
- Anderson v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Schaar v. ConforthSupreme Court of Minnesota · 1915
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Suess v. Arrowhead Steel Products Co.Supreme Court of Minnesota · 1930
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Glockner v. Hardwood Manufacturing Co.Supreme Court of Minnesota · 1909
8 more not listed; retrieve them via the Exa API.