Broderick v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,000 for personal injuries. The cause was tried before O. B. Lewis, J., and a jury, and a verdict for $1,000 was returned in favor of plaintiff. From an order denying defendant’s motion for judgment-baits favor notwithstanding the verdict, and denying its motion for a new trial, defendant appealed. Respondent was employed to repair and replace the wooden poles, and he therefore assumed the risks incident to defects.
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Action in the district court for Ramsey county to recover $1,000 for personal injuries. The cause was tried before O. B. Lewis, J., and a jury, and a verdict for $1,000 was returned in favor of plaintiff. From an order denying defendant’s motion for judgment-baits favor notwithstanding the verdict, and denying its motion for a new trial, defendant appealed. Respondent was employed to repair and replace the wooden poles, and he therefore assumed the risks incident to defects. Dartmouth v. Achard, 84 G-a. 14; Kelley v. Chicago, St. P., M. & O. Ry. Co., 35 Minn. 490; Fraker v. St. Paul, M. & M.…
1Opinion of the CourtCanty, J.
Defendant owned and operated an electric street railway in the city of St. Paul. The trolley wires were held up by wooden poles set in the ground along each side of the street. Each pair of poles was set so that one pole was directly opposite the other, and a wire suspended across the street from the top of one pole to the-top of the other held up the trolley wires. The poles carried also the feed wires. Many of these wooden poles had become rotten, and defendant proceeded to replace them in part with iron poles. Plaintiff, while employed by defendant in this work, was injured, and brought…
2Cases cited3 opinions
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Kelly v. Erie Telegraph & Telephone Co.Supreme Court of Minnesota · 1885
- Kelley v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1886
3Cited by17 opinions
- Wood v. Kane Boiler Works, Inc.Texas Supreme Court · 1951
- Moe v. AlsopSupreme Court of Minnesota · 1970
- City of Teague v. RadfordTexas Commission of Appeals · 1933
- Wahlquist v. Maple Grove Coal & Mining Co.Supreme Court of Iowa · 1902
- Marshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1915
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