Swanson v. Great Northern Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Smith, J., overruling a demurrer to the complaint.
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Appeal by defendant from an order of the district court for Hennepin county, Smith, J., overruling a demurrer to the complaint. Cited Olson v. McMullen, 34 Minn. 94; Pederson v. Rushford, 41 Minn. 289, and Wood, Mast. & Serv. 743. The plaintiff was ordered out of the work for which he was employed and put to work at an employment entirely new to him, with which he was entirely unacquainted, not by "mining under” at the bottom of the pit, but by shoveling earth up in the slope to fall below him, where it might to all appearances be reasonably safe. The accident did not happen by reason of his…
1Opinion of the Court
COLLINS, J.2
The complaint herein alleges the employment of plaintiff by defendant company as a section hand, and that he was ordered from this class of work to a large gravel pit, there to help in loading gravel and earth upon cars, a steam shovel being used in connection; that this shovel was stationed close to a large hill of gravel and earth, from the side of which gravel and earth were to be taken; that he was ordered by the roadmaster to climb up on a slope formed on the side of the hill, for the purpose of loosening the earth and gravel in order that sufficient quantities might fall…
2Cases cited4 opinions
- Olson v. McMullenSupreme Court of Minnesota · 1885
- Walsh v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- Pederson v. City of RushfordSupreme Court of Minnesota · 1889
- Quick v. Minnesota Iron Co.Supreme Court of Minnesota · 1891
3Cited by22 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Cully v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Walker v. ScottSupreme Court of Kansas · 1901
- Millen v. Pacific Bridge Co.Oregon Supreme Court · 1908
- Oleson v. Maple Grove Coal & Mining Co.Supreme Court of Iowa · 1901
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