cl-8010386 Precedential Dismissed Processed

Gonsior v. Minneapolis & St. Louis Railway Co.

Minnesota Supreme Court · Filed February 2, 1887 · 31 N.W. 515

Cited by

Fornaro v. Minneapolis Street Railway Co. 234 N.W. 300 Minn. 1931
Mix v. Downing 222 N.W. 913 Minn. 1929
Mix v. Downing 222 N.W. 913 Minn. 1929
State v. Hager 138 N.W. 935 Minn. 1912
Marple v. Minneapolis & St. Louis Railroad 132 N.W. 333 Minn. 1911
Rihmann v. George J. Grant Construction Co. 131 N.W. 478 Minn. 1911
Gibson v. Nelson 126 N.W. 731 Minn. 1910
Pasco v. Minneapolis Steed & Machinery Co. 117 N.W. 479 Minn. 1908
Barrett v. Magner 117 N.W. 245 Minn. 1908
Olson v. Court of Honor 110 N.W. 374 Minn. 1907
Schmitt v. Murray 91 N.W. 1116 Minn. 1902
Grover v. Bach 84 N.W. 909 Minn. 1901

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Brown v. Winona & St. Peter Railroad 27 Minn. 162

Opinion text

Gileillan, C. J. The action was properly dismissed. Assuming that it was negligence on the part of the foreman at the round-house to order plaintiff to do the particular thing in which he was hurt, it was the negligence of a fellow-servant. There was no evidence of a failure on the part of defendant to furnish, for the use of its servants at the round-house, all proper and necessary instruments to do the work as safely as it can be done, nor that the foreman was not a skilful and competent man. The case is directly within the decision in *386 Brown v. Winona & St. Peter R. Co., 27 Minn. 162 , ( 6 N. W. Rep. 484 .) Order affirmed.