Dobreff v. St. Paul Gaslight Co.
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to recover $15,000 for personal injury received while in tbe employ of defendant.
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Action in tbe district court for Ramsey county to recover $15,000 for personal injury received while in tbe employ of defendant. The answer alleged, among other matters, that plaintiff was familiar with the manner and method of digging the trench referred to in the opinion and with the character of the soil in which he was working; that he knew and appreciated the risks and dangers connected with the work in which he was engaged at the time he was injured, and that the risk of injury was assumed by him. The case was tried before Dickson, J., who granted defendant’s motion for a directed…
1Opinion of the Court
IÍALLAM, J.
Plaintiff was injured by the caving in of a ditch which he was excavating for defendant on Minnehaha street, in St. Paul. The ditch was about five feet deep with sloping sides, the width at the top being about four feet and at the bottom one and one-half feet. The men worked in sections, that is, each workman would be assigned a section-nine feet long which he would himself excavate to the required depth. This work had proceeded for some distance on Minnehaha street. It appears that the character of the soil all along the street was much the same. The top for a depth of about a…
2Cases cited14 opinions
- Olson v. McMullenSupreme Court of Minnesota · 1885
- Swanson v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Heydman v. Red Wing Brick Co.Supreme Court of Minnesota · 1910
- Pederson v. City of RushfordSupreme Court of Minnesota · 1889
- Hill v. WinstonSupreme Court of Minnesota · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fitzgerald v. Armour & Co.Supreme Court of Minnesota · 1915
- Johnson v. United Flour Mills Co.Supreme Court of Minnesota · 1915
- Peterson v. ModjeskiSupreme Court of Minnesota · 1962
- Peterson v. ModjeskiSupreme Court of Minnesota · 1962