Larson v. Haglin
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $25,000 damages for personal injuries. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $10,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in the district court for Hennepin county to recover $25,000 damages for personal injuries. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $10,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Plaintiff and respondent was a plasterer in the employ of defendant and appellant, who was constructing the building hereinafter referred to under contract with the owner. Plaintiff was injured while engaged in plastering a part of the inside of one of a number of…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
1. Defendant’s first contention is this: The plunger in motion was-in plain sight, about three feet away from the place at which plaintiff' *260was working. The light was strong. Plaintiff himself testified that he looked into the shaft. Knowing the danger, he failed to be governed by the knowledge which the simplest exercise of his sense of sight would have given him. He must have known, from the presence of the plunger, that the elevator had passed beyond the place at which he was working and gone above him. As a matter of law, therefore, he assumed the risk…
2Cases cited24 opinions
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
- Meyer v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Manning v. Chicago Great Western RailroadSupreme Court of Minnesota · 1916
- Larson v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Nustrom v. Shenango Furnace Co.Supreme Court of Minnesota · 1908
- Beier v. Aberdeen Hotel Co.Supreme Court of Minnesota · 1912
- Spencer v. Albert Lea Brick & Tile Co.Supreme Court of Minnesota · 1909