Birmingham v. Duluth, Missabe & Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $15,000 for personal injuries suffered by plaintiff while in the employ of defendant company. Defendant demurred to the complaint. The substance of the allegations of the complaint is stated in the opinion of CANTY, J. From an order overruling the demurrer, Ensign, J., defendant appealed.
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Action in the district court for St. Louis county to recover $15,000 for personal injuries suffered by plaintiff while in the employ of defendant company. Defendant demurred to the complaint. The substance of the allegations of the complaint is stated in the opinion of CANTY, J. From an order overruling the demurrer, Ensign, J., defendant appealed. The parties were not engaged in the actual operation of a railroad within the meaning of Laws 1887, c. 13. Lavallee v. St. Paul, 40 Minn. 249 (1889). Cushing’s act, causing the injuries to plaintiff, was the act of a fellow servant. Lind vail v.…
1ConcurrenceCanty, J.
I concur in the result arrived at for the following reasons: This is an action for damages for personal injuries alleged to have been caused by the negligence of defendant while plaintiff was in its employ in and about the operation of a steam shovel.
The complaint- alleges, in substance, that the steam shovel was attached to a large swinging derrick or crane, which projected upward and outward from the deck of a railroad car, on which were *478two upright steam engines which operated the steam shovel; that between the steam engines and the foot of the swinging crane there were drums, around which…
2Cases cited2 opinions
- Hess v. Adamant Manufacturing Co. of AmericaSupreme Court of Minnesota · 1896
- Johnson v. Minneapolis General Electric Co.Supreme Court of Minnesota · 1897