Nesbitt v. Twin City Forge & Foundry Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $7,500 for personal injuries. The answer alleged contributory negligence on the part of plaintiff.
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Action in the district court for Ramsey county to recover $7,500 for personal injuries. The answer alleged contributory negligence on the part of plaintiff. The case was tried before Brill, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for. a dismissal upon the grounds that plaintiff had failed to establish the negligence alleged in his complaint and that there was contributory negligence shown by himself; and, second, upon the ground that the case was shown, by the proof and by the pleading, to be a compensation case within the liberal…
1Opinion of the Court
Lees, C.
This is an appeal from an order denying defendant’s motion for judgment notwithstanding the verdict, in an action for damages for personal injuries caused by defendant’s negligence.
It is urged as the sole ground for reversal, that plaintiff and defendant were both under the Workmen’s Compensation Act of this state when plaintiff was injured, and that he is entitled only to the compensation provided for by that act. Briefly stated, the facts are as follows:
Defendant was making shells for the Dnited States Government at Stillwater in this state, carrying on its business in two separate…
2Cases cited16 opinions
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
- State ex rel. Duluth Brewing & Malting Co. v. District CourtSupreme Court of Minnesota · 1915
- Sala v. American Sumatra Tobacco Co.Supreme Court of Connecticut · 1918
11 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Voehl v. Indemnity Insurance Co. of North AmericaSupreme Court of the United States · 1933
- Heaps v. CobbCourt of Appeals of Maryland · 1945
- Watson v. GrimmCourt of Appeals of Maryland · 1952
- Kyle v. Greene High SchoolSupreme Court of Iowa · 1929
- Novack v. Montgomery Ward & Co.Supreme Court of Minnesota · 1924
48 more not listed; retrieve them via the Exa API.