Johnson v. Minneapolis General Electric Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Smith, J., granting a motion for a new trial. The testimony shows beyond dispute that the blocking of the boiler on the wagon, the removal of the skids, and the unfastening of the rope were but details of the work, and it is immaterial whether Mr. Wright or some one else directed these things to be done. It was but the direction of one fellow servant to another.
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Appeal by defendant from an order of the district court for Hennepin county, Smith, J., granting a motion for a new trial. The testimony shows beyond dispute that the blocking of the boiler on the wagon, the removal of the skids, and the unfastening of the rope were but details of the work, and it is immaterial whether Mr. Wright or some one else directed these things to be done. It was but the direction of one fellow servant to another. Lindvall v. Woods, 41 Minn. 212, 42 N. W. 1020; Marsh v. Herman, 47 Minn. 537, 50 N. W. 611; Ling v. St. Paul, M. & M. R. Co., 50 Minn. 160, 52 N. W. 378;…
1Opinion of the CourtCollins, J.
This is a personal injury case, in which a dismissal was ordered at the close of plaintiff’s evidence, and then, upon motion, the court granted a new trial.
The plaintiff was in defendant’s employ as a laborer, his principal work being in the engine room as a “wiper.” One Wright was the chief engineer, and had charge of the men employed about the plant, usually 12 in number. In December, 1894, defendant had occasion to move some heavy iron boilers which had been stored upon its premises, and one evening Wright called plaintiff and another man from the engine room to assist in loading one of…
2Cases cited2 opinions
- Carlson v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1896
- Abel v. Butler-Ryan Co.Supreme Court of Minnesota · 1896
3Cited by4 opinions
- Grussing v. BingerSupreme Court of Minnesota · 1962
- Hansen v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1919
- Birmingham v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1897
- Hassan v. Northern Pacific Ry. Co.Montana Supreme Court · 1921