Rademacher v. Pioneer Tractor Manufacturing Co.
Supreme Court of Minnesota
Action in the district court for Winona county by the administrator of the estate of Frank .Bademacher, deceased, to recover $7,500 for tbe death of his intestate while in the employ of defendant. The answer alleged that there were no risks or dangers incident to decedent’s employment which he did not know or appreciate, or were not readily observable, and that he assumed the risks and ■dangers as the result of which he came to his death.
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Action in the district court for Winona county by the administrator of the estate of Frank .Bademacher, deceased, to recover $7,500 for tbe death of his intestate while in the employ of defendant. The answer alleged that there were no risks or dangers incident to decedent’s employment which he did not know or appreciate, or were not readily observable, and that he assumed the risks and ■dangers as the result of which he came to his death. The case was tried before Snow, J., and a jury which returned a verdict for $5,000 in favor of plaintiff. From an order denying its motion for judgment in…
1Opinion of the Court
IÍALLAM, J.
Plaintiff was employed as a millwright in one of the buildings in defendant’s factory in Winona. On July 2, 1913, he lost his life in a fire in the factory. On trial of this action for damages, plaintiff, the administrator of his estate, had a verdict. Defendant moved in the alternative for judgment notwithstanding the verdict or for a new trial. Both being denied, defendant appealed. ■
The claim of plaintiff is, that this fire was caused by defendant’s *174negligence, that deceased was entrapped while at work in a second-story room, and without fault on his part was overcome by fire…
2Cases cited2 opinions
- Hawkins v. SaubySupreme Court of Minnesota · 1892
- Lewis v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910
3Cited by3 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Raymond v. BaehrSupreme Court of Minnesota · 1968
- Rochester Wood Specialties, Inc. v. RionsSupreme Court of Minnesota · 1970