Whitney v. Kaliske
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $20,000 for personal injury received while in the employ of defendant.
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Action in the district court for Ramsey county to recover $20,000 for personal injury received while in the employ of defendant. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $3,760. Defendant’s motion for judgment notwithstanding the verdict was denied and her motion for a new trial was denied on condition that plaintiff consented to a reduction of the verdict to $2,750. From the order denying her motion for a new trial on condition, defendant appealed.
1Opinion of the CourtHallam, J.
1. Defendant operated a ladies’ furnishing store. Plaintiff was in her employ. In the rear of the store was a balcony which was reached by a stairway. On June 6, 1912, plaintiff, while descending the stairway, fell from near the top to the bottom and sustained some injuries. Plaintiff sued for damages and prevailed.
There is evidence on the part of plaintiff that, on the second or third step from the top, the tread had become cracked and that the outer part projected forward half an inch above the inner part'1 of the tread. There is evidence that some time before the injury the attention of…
2Cases cited15 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Goss v. GossSupreme Court of Minnesota · 1907
- Craig v. CookSupreme Court of Minnesota · 1881
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Genzel v. HalvorsonSupreme Court of Minnesota · 1957
- Albertson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1954
- Wright v. EngelbertSupreme Court of Minnesota · 1935
- Larson v. Wisconsin Railway, Light & Power Co.Supreme Court of Minnesota · 1917
- Reid v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1927
1 more not listed; retrieve them via the Exa API.