Manks v. Moore
Supreme Court of Minnesota
Action in tbe municipal court of St. Paul to recover $400 for personal injuries. Defendant demurred on the ground that tbe complaint did not state facts sufficient to constitute a cause of action, and from an order, Hanft, J., overruling tbe demurrer, be appealed.
1Opinion of the CourtJaggard, J.
Plaintiff and respondent’s complaint alleged tbe following facts: He was a servant of defendant and appellant, engaged in digging a deep, narrow trencb. Defendant directed plaintiff to go down into tbe trencb, to sbovel away eartb loosened with a pick by another servant, and to do bis work standing in tbe bottom of tbe trencb with bis back to tbe man using tbe pick. This involved that plaintiff should stand within less than eight feet of him. Plaintiff told defendant that there was not enough room for two men to work in that place. Defendant emphatically told plaintiff to go ahead and work…
2Cases cited3 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Anderson v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1896
- Dell v. McGrathSupreme Court of Minnesota · 1904
3Cited by5 opinions
- Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
- Kommerstad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- J. M. Griffin & Sons, Inc. v. Newton Butane Gas & Oil Co.Mississippi Supreme Court · 1951
- Rutter v. Northeastern Beaver County School DistrictSuperior Court of Pennsylvania · 1981
- Rutter v. Northeastern Beaver County School DistrictSuperior Court of Pennsylvania · 1981