Johnson v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Crow Wing county by the administratrix of tbe estate of Andrew H. Johnson, deceased, to recover $7,500 for the death of her intestate while in the employ of defendant in its machine shop. The answer alleged that the injuries sustained by plaintiff’s intestate were caused by his own negligence or resulted from the risks of his employment which he had assumed.
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Action in the district court for Crow Wing county by the administratrix of tbe estate of Andrew H. Johnson, deceased, to recover $7,500 for the death of her intestate while in the employ of defendant in its machine shop. The answer alleged that the injuries sustained by plaintiff’s intestate were caused by his own negligence or resulted from the risks of his employment which he had assumed. The case was tried before IVIcOlenahan, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From the order denying her motion for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
Deceased was employed in defendant railway company’s shops. The building is two stories high. Plaintiff was employed in the “mill,” on the first floor. In one corner of another room, known as the “truck shop,” is a freight elevator, operated between the first and second floors. Employees were in the habit of using this elevator, if it was not otherwise in use, to go from one floor to the other for their own convenience. There were walls on two sides of this elevator, and on those two sides the ear was enclosed. On the other two sides the car was open. On the second floor was a medicine chest,…
2Cases cited8 opinions
- Wise v. AckermanCourt of Appeals of Maryland · 1892
- Christianson v. Northwestern Compo-Board Co.Supreme Court of Minnesota · 1901
- Gilbert v. City of TracySupreme Court of Minnesota · 1911
- Glockner v. Hardwood Manufacturing Co.Supreme Court of Minnesota · 1909
- Snyder v. Waldorf Box Board Co.Supreme Court of Minnesota · 1910
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3Cited by3 opinions
- Fitzgerald v. Armour & Co.Supreme Court of Minnesota · 1915
- McCann v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1924
- Davison v. ResslerSupreme Court of Minnesota · 1915