Johnson v. C. A. Smith Lumber Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, 0as administratrix of the estate of Eric Peterson, deceased, to recover $5000 for the death of decedent. The case was tried before Holt, Jv and a jury, which returned a verdict in favor of the plaintiff for the sum demanded. Prom an order, denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
The defendant and appellant owned and operated a large modern sawmill and lumber yard, including some forty miles of tramway tracks. Tram cars were drawn by horses over these tracks to carry, inter alia, slabs and edgings to different parts of the premises. The track involved in this suit emerged from the basement of the mill through an aperture in the wall, and ran some three hundred feet under the sorting platform of the mill, and thence with another turn on an upgrade, one hundred fifty feet, to a switch. The incline varied with the irregularities of the ground’s contour. The grade from…
2Cases cited2 opinions
- Shaber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1881
- Bolinger v. St. Paul & Duluth Railroad Co.Supreme Court of Minnesota · 1887
3Cited by4 opinions
- McGivern v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1942
- Peterson v. Merchants Elevator Co.Supreme Court of Minnesota · 1910
- Conley v. Louis F. Dow Co.Supreme Court of Minnesota · 1915
- Nahan v. StevensonSupreme Court of Minnesota · 1931