Wuotilla v. Duluth Lumber Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial. Defendant’s fourth, fifth, and seventh requests for instructions to the jury, which were refused by the trial court, and which are referred to in the opinion, are as follows: “Fourth.
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Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial. Defendant’s fourth, fifth, and seventh requests for instructions to the jury, which were refused by the trial court, and which are referred to in the opinion, are as follows: “Fourth. Incases of this kind, where the defect in the machine or other appliance from which the danger arises, is of such a character, or occurs at such a time, that the employer cannot reasonably be expected to have knowledge thereof, it is the duty of the employe to give notic*e, and the neglect…
1Opinion of the CourtMitchell, J.
This was an action for damages for personal injuries alleged to have been caused by the negligence of defendant. The-plaintiff was employed in defendant’s saw-mill as 'an “off bearer;” his duty being to stand at the head of the “live rollers,” and start the slabs, etc., down the rollers after they left the saws. In case a slab got crooked, or a piece of bark got into the rollers, (which would occur occasionally,) he had to leave, his stand, and go down and straighten it or take it out. In doing this he had to go past a gearing where two wheels “mashed.” On one occasion, as he was going down…
2Cases cited2 opinions
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
3Cited by37 opinions
- Consolidated Stone Co. v. SummitIndiana Supreme Court · 1899
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
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