Milton v. Biesanz Stone Co.
Supreme Court of Minnesota
Action in the district court for Winona county by the plaintiff, as administratrix of the estate of Sylvester A. Milton, deceased, to recover $5,000 for his death. The case was tried before Snow, J., and a jury which returned a verdict in favor of the plaintiff for $1,700. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
The facts in this case are as follows: Plaintiff’s intestate was a young man sixteen years of age, and at the time of the accident resulting in his death was in the employ of defendant near the city of Winona. Defendant owned a stone quarry, in connection with which it operated machinery for crushing stone to be used in the manufacture of macadam. The crusher was located in a pit, or deep excavation in the ground, nine feet deep, nineteen feet long, and nine feet wide, which was covered with a substantial plank roof or floor on a level with the -ground. At one side near the crusher stood a…
2Cases cited4 opinions
- Rollins v. St. Paul Lumber Co.Supreme Court of Minnesota · 1874
- Kraemer v. DeustermannSupreme Court of Minnesota · 1889
- Maceman v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1897
- Kurstelska v. JacksonSupreme Court of Minnesota · 1904
3Cited by2 opinions
- Fostrom v. GrossmanSupreme Court of Minnesota · 1925
- Clapper v. DickinsonSupreme Court of Minnesota · 1917