Vogt v. Honstain
Supreme Court of Minnesota
Action in'the district court for Eamsey county to recover $2,600 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. There is no evidence of defendant’s negligence sufficient to support the verdict. The injury resulted from the act, not necessarily negligent, of a fellow servant.
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Action in'the district court for Eamsey county to recover $2,600 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. There is no evidence of defendant’s negligence sufficient to support the verdict. The injury resulted from the act, not necessarily negligent, of a fellow servant. The promise of defendant did not relieve plaintiff of the assumption of risk. This is not an ordinary promise to repair a defect…
1Opinion of the CourtLovely, J.
Action for injuries sustained by plaintiff while in the employ of defendant, for the alleged negligence of the latter. Plaintiff had a verdict. Defendant moved for judgment or a new trial in the alternative, which was refused, and defendant appeals.
Defendant was engaged in building a grain elevator, which was constructed in the ordinary manner, — planks varying in length were laid upon each other, and spiked together, as the structure rose in height. The interior of the elevator was divided by partition walls into compartments or cribs. The exterior and division walls were carried up at the…
2Cases cited4 opinions
- Greene v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Schlitz v. Pabst Brewing Co.Supreme Court of Minnesota · 1894
- Harris v. HewittSupreme Court of Minnesota · 1896
- Lyberg v. Northern Pacific RailroadSupreme Court of Minnesota · 1888
3Cited by8 opinions
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Perras v. A. Booth & Co.Supreme Court of Minnesota · 1901
- Borgerson v. Cook Stone Co.Supreme Court of Minnesota · 1903
- Peterson v. American Grass Twine Co.Supreme Court of Minnesota · 1903
- Boyer v. Eastern Railway Co.Supreme Court of Minnesota · 1902
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