Legal Opinion

Elenduck v. Crookston Lumber Co.

Supreme Court of Minnesota

Decided February 28, 1913No. Nos. 17, 855—(203)PublishedCited by 6 opinions

Action in the district court for Hennepin county to recover $25,000 for personal injury. The facts are stated in the opinion. The defense was a general denial and contributory negligence of the plaintiff. The case was tried before Dickinson, J., who denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict for $6,300 in favor of plaintiff.

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Action in the district court for Hennepin county to recover $25,000 for personal injury. The facts are stated in the opinion. The defense was a general denial and contributory negligence of the plaintiff. The case was tried before Dickinson, J., who denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict for $6,300 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

1Opinion of the CourtBrown, C. J.

Action for personal injuries in which plaintiff had a verdict and defendant appealed from an order denying its alternative motion for judgment or a new trial.

*54The short facts, which are not in dispute, are as follows: Plaintiff was in the employ of defendant as a “swamper” in one of its lumber camps in Beltrami county. His duties were to trim the limbs from trees after they had been cut down by other employees, and to prepare them for removal from the woods to railway tracks or mills. Those engaged in felling the trees were called “sawyers,” and it was, by custom, as well as by the orders and…

2Cases cited8 opinions

  1. Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
  2. Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
  3. Anderson v. Northern Mill Co.Supreme Court of Minnesota · 1890
  4. Schmitt v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
  5. Lundquist v. Duluth Street Railway Co.Supreme Court of Minnesota · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Lucey v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1913
  2. Browning v. Smiley-Lampert Lumber Co.Oregon Supreme Court · 1914
  3. Wiesner v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1916
  4. Arveson v. Boston Coal Dock & Wharf Co.Supreme Court of Minnesota · 1915
  5. Mocabee v. Harbison-Walker Refractories Co.Court of Appeals of Kentucky · 1922

1 more not listed; retrieve them via the Exa API.

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