Beard v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $50,000 for personal injury. received while in the employ of defendant. The answer alleged that if plaintiff suffered as alleged in the complaint, it was by reason of his own want of due care and that he had assumed the risk of being so injured. The case was tried before Fish, J., who at the close of the testimony granted defendant’s motion to direct a verdict in its favor.
Read the full summary
Action in the district court for Hennepin county to recover $50,000 for personal injury. received while in the employ of defendant. The answer alleged that if plaintiff suffered as alleged in the complaint, it was by reason of his own want of due care and that he had assumed the risk of being so injured. The case was tried before Fish, J., who at the close of the testimony granted defendant’s motion to direct a verdict in its favor. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
Plaintiff was a wood worker in the employ of defendant at its shops at Deer Lodge, Montana. Part of his duty wa's to 'operate a “gainer” machine. This machine is used in shaping heavy timbers. It consists of a table on which is set revolving knives projecting somewhat above the table, and these cut out a strip or groove as the timber is fed into the machine. The timbers were furnished to plaintiff by a foreman, after being first inspected by the foreman to see if they were suitable for the purpose for which they are to be used.
On February 11, 1914, plaintiff was shaping a number of timbers…
2Cases cited10 opinions
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Wuotilla v. Duluth Lumber Co.Supreme Court of Minnesota · 1887
- Neveu v. SearsMassachusetts Supreme Judicial Court · 1892
- Benson v. Lehigh Valley Coal Co.Supreme Court of Minnesota · 1914
- Crandall v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clements Auto Co. v. Service Bureau Corp.Court of Appeals for the Eighth Circuit · 1971
- Childs v. Standard Oil Co.Supreme Court of Minnesota · 1921
- State Ex Rel. Dufault v. UtechtSupreme Court of Minnesota · 1945
- State Ex Rel. Shapiro v. WallSupreme Court of Minnesota · 1932
- Alling v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1923
5 more not listed; retrieve them via the Exa API.