Carlson v. Elwell
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $40,-000 for personal injuries. The case was tried before Leary, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff for $15,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBunn, J.
This action to recover for personal injuries resulted in a verdict for the plaintiff. Defendant appeals from an order denying his motion in the alternative for judgment notwithstanding the verdict or for a new trial.
*441In January, 1910, defendant was the owner of a lot at the comer of Fifth street and First avenue in Minneapolis. He decided to erect a building thereon. Plaintiff was a workman employed in the work of excavating. Whether the work was done by defendant or by an independent contractor, whether plaintiff was in defendant’s employ, or in the employ of an independent contractor, is one…
2Cases cited4 opinions
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Marple v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1911
- Petterson v. Butler Bros.Supreme Court of Minnesota · 1913
- Sundvall v. Interstate Iron Co.Supreme Court of Minnesota · 1908
3Cited by4 opinions
- Mix v. DowningSupreme Court of Minnesota · 1929
- Ewert v. ChirpichSupreme Court of Minnesota · 1926
- Hedback v. American Family Mutual Insurance (In Re Mathews)United States Bankruptcy Court, D. Minnesota · 1997
- Mix v. DowningSupreme Court of Minnesota · 1929