Schlitz v. Pabst Brewing Co.
Supreme Court of Minnesota
Appeal by defendants, Pabst Brewing Co. and Jos. Schlitz Brewing Co., two corporations, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered against them March 23, 1894, for $2,081.26. The defendants manufacture malt liquors at Milwaukee, Wis. and hare a joint agency for its sale at Duluth. They employed the plaintiff, Adolph H. Schlitz to drive a delivery wagon there and deliver beer at saloons.
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Appeal by defendants, Pabst Brewing Co. and Jos. Schlitz Brewing Co., two corporations, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered against them March 23, 1894, for $2,081.26. The defendants manufacture malt liquors at Milwaukee, Wis. and hare a joint agency for its sale at Duluth. They employed the plaintiff, Adolph H. Schlitz to drive a delivery wagon there and deliver beer at saloons. On July 4, 1891, he was told by Pierce the general agent in charge at the Duluth agency to use a certain wagon. He objected to using it saying, that the body of the…
1Opinion of the CourtG-ilfillan, C. J.
Plaintiff, a driver of defendants employed to drive a delivery wagon, was, while so employed, injured, as he claims, through a dangerous defect in the wagon he was using. The evidence was such as to justify a finding that the wagon was defective to such a degree as to be dangerous to the driver, and that the injury to plaintiff was in consequence of its dangerous condition.
Both parties, employer and employé, knew equally well the dangerous condition of the wagon, so that, under ordinary circumstances, it would be a case of the assumption of risk by the employé continuing to use it.
But it is a…
2Cases cited1 opinion
- Greene v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
3Cited by14 opinions
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- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Anderson v. SeropianCalifornia Supreme Court · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Geis v. HodgmanSupreme Court of Minnesota · 1959
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