Resnikoff v. Friedman
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to' recover $5,250 for injury received while in the employ of defendant. The answer admitted a contract between plaintiff and defendant by the terms of which plaintiff agreed for a stipulated price to construct certain tin eaves upon a certain building, and alleged that, if plaintiff met with any accident, it was occasioned solely by reason of his negligence in the premises.
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Action in tbe district court for Ramsey county to' recover $5,250 for injury received while in the employ of defendant. The answer admitted a contract between plaintiff and defendant by the terms of which plaintiff agreed for a stipulated price to construct certain tin eaves upon a certain building, and alleged that, if plaintiff met with any accident, it was occasioned solely by reason of his negligence in the premises. The case was tried before Oatlin, J., who granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtBunn, J.
This action was brought to recover damages for personal injuries. At the close of the evidence the court directed a verdict for the defendant. A motion for a new trial was denied, and plaintiff appealed from the order.
The sole question for our decision is whether or not the trial court was right in taking the case from the jury. The material facts are not in dispute, and are in substance as follows:
A sister of defendant owned a lot in St. Paul, and authorized defendant to build thereon for her a duplex house. Defendant entered into a contract with stone masons to build the foundation, another…
2Cases cited2 opinions
- Lauritsen v. American Bridge Co.Supreme Court of Minnesota · 1902
- Hyatt v. MurraySupreme Court of Minnesota · 1907
3Cited by3 opinions
- Whirlpool Corporation v. MorseDistrict Court, D. Minnesota · 1963
- Kuptz v. Ralph Sollitt & Sons Const. Co.Court of Appeals for the Fifth Circuit · 1937
- Gilbert v. MegearsSupreme Court of Minnesota · 1934