Johnson v. Atwood Lumber Co.
Supreme Court of Minnesota
Action in the district court for Pine county by plaintiff as administrator of the estate of Ole Johnson, deceased, to recover $5,000 for the death of intestate. The case was tried in the district court for Ramsey county before Bunn, J., and a jury, which rendered a verdict in favor •of plaintiff for $1,500. From an order granting a motion for judgment notwithstanding the verdict, plaintiff appealed.
1Opinion of the CourtLewis, J.
Appellant recovered a verdict against respondent in the court below 'for the death of Ole Johnson, killed while operating an edger in respondent’s sawmill. The trial court granted respondent’s motion for judgment notwithstanding the verdict.
The order of the trial court cannot be sustained, unless it conclusively appears from the evidence that respondent was not guilty of negligence in furnishing a defective or improperly guarded machine, or unless it appears that Johnson assumed the risk of operating the edger in its defective condition, or was guilty of contributory negligence.
The edger in…
2Cited by3 opinions
- Callopy v. AtwoodSupreme Court of Minnesota · 1908
- Shaver v. J. Neils Lumber Co.Supreme Court of Minnesota · 1909
- Dreses Machine Tool Co. v. HendersonOhio Court of Appeals · 1915