Tomczek v. Johnson
Supreme Court of Minnesota
Action in the district court for Stearns county by the administratrix of the estate of Leo Tomczek, deceased, to recover $5,000 for the death of her intestate.
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Action in the district court for Stearns county by the administratrix of the estate of Leo Tomczek, deceased, to recover $5,000 for the death of her intestate. Defendants’ answer alleged that deceased’s injuries were caused solely by his want of care, caution and prudence in the performance of his duties as an employee and servant of defendants, and that if there were any dangers connected with said employment they were perfectly apparent to deceased and well known to and appreciated by him. The case was tried before Taylor, J., who directed a verdict in favor of defendants. From an order…
1Opinion of the CourtJaggard, J.
Defendants and respondents were engaged in operating a stone quarry, in connection with which they used a powerful steam derrick, with an arm sixty-five feet long, to hoist rock from the quarry hole to the top of a pile of rocks beside the quarry. On the top of that pile, a steel track commenced at a point that could be reached by the *321derrick arm and ran east over tbe rock pile for fifteen or twenty rods. The track ran down hill from the point of loading for a distance of about eight feet, and then on comparatively level ground. The car was customarily loaded with rock hoisted from the quarry…
2Cited by5 opinions
- Ahlstrom v. Minneapolis, St. Paul & Sault Ste. Marie RailroadSupreme Court of Minnesota · 1955
- Blomberg v. TrupukkaSupreme Court of Minnesota · 1941
- Grussing v. BingerSupreme Court of Minnesota · 1962
- McCutcheon v. Virginia & Rainy Lake Co.Supreme Court of Minnesota · 1911
- Davison v. ResslerSupreme Court of Minnesota · 1915