Kennedy v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Wabasha County, Charles M. Start, J., made September 5, 1893, denying its motion for a new trial. The plaintiff, Patrick Kennedy, was a laborer employed by defendant and on January 29, 1891, was assisting in repairing a pile bridge near La Moille.
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Appeal by defendant, Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Wabasha County, Charles M. Start, J., made September 5, 1893, denying its motion for a new trial. The plaintiff, Patrick Kennedy, was a laborer employed by defendant and on January 29, 1891, was assisting in repairing a pile bridge near La Moille. While attempting to spring the top of a pile into position the head of a jackscrew split, owing to a crack and allowed the pile to spring back and throw defendant off the bridge. He fell eight or ten feet to the ground and was seriously…
1Opinion of the CourtGileillan, C. J.
So far as defendant’s negligence is concerned, the jury might, from the evidence, find that the injury to plaintiff was due to the break in the jackscrew; that the break had begun before the jackscrew was given plaintiff to use; that the defect would have been discovered upon reasonable inspection; and that no such *229inspection was made. From those facts they might find negligence on the part of the defendant.
On the point of plaintiff’s contributory negligence, the only thing claimed to show that is, that having been provided with a lever about three feet long to turn the jackscrew, he, after a…
2Cases cited1 opinion
- State v. VollanderSupreme Court of Minnesota · 1894
3Cited by3 opinions
- Flaugh v. Egan Chevrolet, Inc.Supreme Court of Minnesota · 1938
- Cayse v. Foley Brothers, Inc.Supreme Court of Minnesota · 1959
- State v. VollanderSupreme Court of Minnesota · 1894