Hamilton v. Minneapolis Desk Manufacturing Co.
Supreme Court of Minnesota
Action in the district court for Efennepin county to recover $5,000 for personal injuries. From an order, Pond, J., overruling a demurrer to the complaint, defendant appealed. A fireman has only the rights of a licensee, while on the premises of another in discharge of his duty.
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Action in the district court for Efennepin county to recover $5,000 for personal injuries. From an order, Pond, J., overruling a demurrer to the complaint, defendant appealed. A fireman has only the rights of a licensee, while on the premises of another in discharge of his duty. Beehler v. Daniels, 18 R. I. 563; Beehler v. Daniels, 19 R. I. 49; Gibson v. Leonard, 143 Ill. 182; Woodruff v. Bowen, 136 Ind. 431; Cooley, Torts (2d Ed.) 367. Hence at common law plaintiff could not recover. Laws 1893, c. 7, confers no right of action. Under the constitution the title is part of the act. Sutherland,…
1Opinion of the CourtBuck, J.
The plaintiff was a fireman in the employ of the fire department of the city of Minneapolis, and sustained an injury by reason of his falling through an unguarded elevator shaft in a factory in the possession and control of the defendant, not owned by it, but wherein it carried on the business of manufacturing desks, and to this end operated the elevator in question. The plaintiff entered the building in the discharge of his duty, as a member of said fire, department, in response to a call to extinguish a fire originating in said building, and it was while in the discharge of such duty that…
2Cases cited2 opinions
- Rosse v. St. Paul & Duluth Railway Co.Supreme Court of Minnesota · 1897
- Turle v. SargentSupreme Court of Minnesota · 1895
3Cited by37 opinions
- Dini v. NaiditchIllinois Supreme Court · 1960
- Armstrong v. MailandSupreme Court of Minnesota · 1979
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Racine v. . MorrisNew York Court of Appeals · 1911
- Morris v. Dame'sSupreme Court of Virginia · 1933
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