Johnson v. West Fargo Manufacturing Co.

Murphy, Justice.

This is a wrongful death action under M. S. A. 573.02. The plaintiff, as trustee for the decedent, was awarded a verdict. This appeal is taken by the defendant from the trial court’s order denying its motion for judgment notwithstanding the verdict or alternatively for a new trial and from the judgment entered for the plaintiff.

The defendant in this case manufactures the Westgo Auger Elevator, an auger-type, portable grain elevator. The decedent, Albert Johnson, was an employee of a purchaser of such an elevator. His death resulted when the elevator in question collapsed,…