Legal Opinion

Hill v. Winston

Supreme Court of Minnesota

Decided June 23, 1898No. Nos. 11,015-(110)PublishedCited by 14 opinions

Action in the district court for St. Louis county to recover $20,000 for personal injuries. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $5,000. From an order denying motions for judgment notwithstanding the verdict or for a new trial, defendants appealed.

1Opinion of the CourtCollins, J.

Defendants were contractors, engaged in “stripping” an iron mine, that is, removing the earth from the surface of the ore; and plaintiff was in their employ as a common laborer. A cut more than 400 feet long had been opened, and, at the time plaintiff was injured, the removal of earth was being carried on at two levels, because the depth of the material made this necessary, the upper level being worked ahead of the lower some 40 feet. The earth to be so taken away consisted of ore, clay, gravel, sand and stones, and was so hard that it had to be blasted before it could be removed in any…

2Cases cited2 opinions

  1. Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
  2. King v. McCarthySupreme Court of Minnesota · 1893

3Cited by14 opinions

  1. McGovern v. HaysSupreme Court of Vermont · 1902
  2. Ft. Smith W. R. Co. v. KetisSupreme Court of Oklahoma · 1910
  3. Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
  4. Territory of New Mexico v. AyerNew Mexico Supreme Court · 1910
  5. Bell v. LangSupreme Court of Minnesota · 1901

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