Gilbert v. City of Tracy
Supreme Court of Minnesota
Action in the district court for Lyon county by the administratrix of the estate of Theron R. Gilbert, deceased, to recover $5,000 for the death of her intestate. The case was tried before Olsen, j., and a jury which returned a verdict in'favor of plaintiff for $3,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtStart, C. J.
On March 11, 1909, the plaintiff’s intestate, an employee of the defendant, was killed by his clothing being caught in a rapidly revolving and unguarded clutch of a gas engine in the defendant’s pumping house, which was a part of its electric light plant, and in which he was then working as day engineer. This action was brought in the district court of the county of Lyon, to recover damages sustained by the intestate’s widow and child by reason of his death, which was caused by the alleged negligence of the defendant in failing to guard the clutch. The answer denied the alleged negligence,…
2Cases cited2 opinions
- Lewis v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910
- Snyder v. Waldorf Box Board Co.Supreme Court of Minnesota · 1910
3Cited by18 opinions
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- La Pray v. Lavoris Chemical Co.Supreme Court of Minnesota · 1912
- Theisen v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1937
- Fink v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1925
- State ex rel. Oliver Iron Mining Co. v. District CourtSupreme Court of Minnesota · 1917
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