Jirmasek v. Payne
Supreme Court of Minnesota
Action in the district' court for Clay county to recover $5,100 for injuries received while in defendant’s employ. The case was tried before Nye, J., who at the close olf the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had wholly failed to prove any actionable negligence; for the further reasons that it conclusively appeared from the evidence that any injuries plaintiff received while handling the sacks of mail in question was a…
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Action in the district' court for Clay county to recover $5,100 for injuries received while in defendant’s employ. The case was tried before Nye, J., who at the close olf the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had wholly failed to prove any actionable negligence; for the further reasons that it conclusively appeared from the evidence that any injuries plaintiff received while handling the sacks of mail in question was a risk which he had assumed as a part of his contract of employment, and that he had failed to prove any liability on the…
1Opinion of the Court
Lees, C.
Defendant is an interstate carrier. It transports the government mails over1 its lines olfi railway. On April 1, 1919, and for about 7 months prior thereto, plaintiff was employed as its transfer mail clerk at Fargo, North Dakota. It was his duty to receive mail put off and load mail taken on its trains there. His method of doing his work was to draw a truck to the door of the mail car, load it with mail bags, and repeat the process until all the mail was put off the train. Trucks loaded with the out-going mail were then pulled up and the mail placed aboard the train. Early in the…
2Cases cited12 opinions
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- Stenvog v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1909
- Peterson v. American Grass Twine Co.Supreme Court of Minnesota · 1903
- International & Great Northern Railway Co. v. FiguresCourt of Appeals of Texas · 1905
- Roberts v. Indianapolis Street Railway Co.Indiana Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stewart v. Baltimore & OR Co.Court of Appeals for the Second Circuit · 1943
- Hetager v. MoranSupreme Court of Minnesota · 1926
- Cate v. Orfic Gasoline Production Co.Court of Appeals of Texas · 1935
- Kampeen v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1922
- Stewart v. Baltimore & OR Co.Court of Appeals for the Second Circuit · 1943