Olthoff v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Stevens county to recover $50,000 for injury received by plaintiff while in the’employ of defendant as a section hand. The answer alleged that plaintiff was injured while endeavoring to remove a hand-car from defendant’s track and the risk and danger were incident to the work which was assumed by plaintiff as a part of his employment.
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Action in the district court for Stevens county to recover $50,000 for injury received by plaintiff while in the’employ of defendant as a section hand. The answer alleged that plaintiff was injured while endeavoring to remove a hand-car from defendant’s track and the risk and danger were incident to the work which was assumed by plaintiff as a part of his employment. The case was tried before Flaherty, J., who at the close of the testimony denied defendant’s motion for a directed verdict and a jury which returned a verdict for $4,100. From an order denying its motion for a new trial,…
1Opinion of the CourtSchaller, J.
On July 2, 1915, the plaintiff, who had been in the service of defendant *73as sectionman for about eight months, was engaged in his work as such. His duties consisted in inspecting and working on the track, cutting weeds from the right of way, adjusting and tightening bolts, tamping ties, replacing old ties with new ones, spiking down rails, lining the track, fixing switches and work of a similar nature.
His employer furnished hand-cars which conveyed the sectionmen to and from their work and transported the materials and implements necessary thereto. The hand-car in use on that day was of the…
2Cases cited2 opinions
- Palon v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Graseth v. Northwestern Knitting Co.Supreme Court of Minnesota · 1915
3Cited by5 opinions
- Moeller v. St. Paul City Railway Co.Supreme Court of Minnesota · 1944
- Chicago Great Western Ry. Co. v. BeecherCourt of Appeals for the Eighth Circuit · 1945
- Tracy H. v. HenriksenSupreme Court of Minnesota · 1942
- Greisch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1924
- Beckham v. DavisCourt of Appeals of Georgia · 1929