Legal Opinion

Hanel v. Obrigewitsch

North Dakota Supreme Court

Decided May 18, 1918PublishedCited by 9 opinions

Action for personal injuries. Appeal from the District Court of Stark County, Honorable W. O. Crawford, Judge. Judgment for plaintiff. Defendant appeals. The injury of the plaintiff was caused by his own negligence. The evidence clearly shows that he knew all about the operation of the feed-grinding machine and was familiar with all its workings, and that any dangers were clear and apparent to one of his knowledge and intelligence.

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Action for personal injuries. Appeal from the District Court of Stark County, Honorable W. O. Crawford, Judge. Judgment for plaintiff. Defendant appeals. The injury of the plaintiff was caused by his own negligence. The evidence clearly shows that he knew all about the operation of the feed-grinding machine and was familiar with all its workings, and that any dangers were clear and apparent to one of his knowledge and intelligence. Kroger v. Cumberland Emit Package Co. 130 N. W. 513. “Where a young man nineteen years old testifies that he did not know that, if he got his fingers into the…

1Opinion of the Court

Bruce, Ch. J.

This is an action to recover damages for personal injuries occasioned by the hand of the plaintiff being caught and crushed between two rollers in a flour and feed mill. The plaintiff was a man of thirty-nine years of age. He had worked at the blacksmith’s trade for years in Russia, before coming to the United States, and during such employment had repaired wagons, plows, etc. He does not, however,, seem to have been there employed around machinery. After coming to-the United States he farmed for a while- and while doing so and for about eight months used an ordinary farm feed…

2Cases cited15 opinions

  1. Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
  2. Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
  3. Groth v. ThomannWisconsin Supreme Court · 1901
  4. Mo. Pac. R'y Co. v. WattsTexas Supreme Court · 1885
  5. Roth v. S. E. Barrett Manufacturing Co.Wisconsin Supreme Court · 1897

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3Cited by9 opinions

  1. Lund Ex Rel. Lund v. KnoffNorth Dakota Supreme Court · 1957
  2. Titus v. TitusNorth Dakota Supreme Court · 1967
  3. Vick v. FanningNorth Dakota Supreme Court · 1964
  4. Kinder v. GodfreySupreme Court of Oklahoma · 1957
  5. Crossett Lumber Co. v. LandMississippi Supreme Court · 1920

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