Mahowald v. Thompson-Starrett Co.
| Decision Date | 06 October 1916 |
| Docket Number | No. 19886 [245].,19886 [245]. |
| Citation | 159 N.W. 565,134 Minn. 113 |
| Parties | MAHOWALD v. THOMPSON-STARRETT CO. et al. |
| Court | Minnesota Supreme Court |
On petition for rehearing. Rehearing denied. Former opinion affirmed.
For former opinion, see 158 N. W. 913.
The petition for rehearing asserts that this court misunderstood the position taken by the parties at the trial and on appeal. We think not. The trial court did not submit the defense pleaded that, if the death of plaintiff's intestate was caused by respondent's negligence, recovery was to be under the Workmen's Compensation Act (Gen. St. 1913, c. 84a). Hence, if the evidence raised disputed issues of fact upon that defense, the court was clearly right in granting a new trial. We, therefore, think that plaintiff, in order to ask a reversal of the order, must take the position that the record contains no evidence from which a finding could be made that the accident which caused Mahowald's death arose out of and in the course of his employment. The only assignment of error at all debatable on this appeal is based on that proposition. And, on the other hand, respondent, by the motion to dismiss at the close of the testimony and in the motion for a new trial, specifically requested the court to rule, as a matter of law, that the death of Mahowald was caused by an accident arising out of and in the course of his employment. The trial court in granting a new trial so held. This ruling was approved in the opinion filed herein. Upon a further consideration of the question, in the light of appellant's petition for a rehearing, a majority of the court adhere to the view that the evidence is conclusive that plaintiff's right to recover is under the Workmen's Compensation Act.
The clerk taxed costs and disbursements against respondent, from which it appeals. The taxation is affirmed. The decision in this court avoided the expense of a new trial to appellant, and to that extent there was a substantial modification of the order. There is no basis for the claim that unnecessary parts of the record were printed.
Petition for rehearing denied.
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Zeier v. Boise Transfer Co.
... ... (Consolidated Underwriters v. Breedlove, 114 Tex ... 172, 265 S.W. 128.) Other cases in line with such holding ... are: Mahowald v. Thompson-Starrett Co., 134 Minn ... 113, 159 N.W. 565; Miller v. Taylor, 173 A.D. 865, ... 159 N.Y.S. 999; Putnam v. Murray, 174 A.D. 720, 160 ... ...
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Wahlig v. Krenning-Schlapp Grocer Co.
... ... 624; Rosmuth v. Radiator Co., 193 N.Y.S. 769; ... Fournier's Case, 113 A. 270; Con. Underwriters v ... Breedlove, 265 S.W. 128; Mahowald v ... Thompson-Starrett Co., 158 N.W. 913, 159 N.W. 565, 134 ... Minn. 113; Miller v. Taylor, 159 N.Y.S. 999; ... Putnam v. Murray, 160 ... ...
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Wahlig v. Grocer Co.
... ... 624; Rosmuth v. Radiator Co., 193 N.Y. Supp. 769; Fournier's Case, 113 Atl. 270; Con. Underwriters v. Breedlove, 265 S.W. 128; Mahowald v. Thompson-Starrett Co., 158 N.W. 913, 159 N.W. 565, 134 Minn. 113; Miller v. Taylor, 159 N.Y. Supp. 999; Putnam v. Murray, 160 N.Y. Supp. 811; ... ...
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Corcoran v. Teamsters and Chauffeurs J. C. No. 32
... ... Good illustrations are found in State [ex rel. Anseth] v. District Court, 134 Minn. 16, 158 N.W. 713, L.R.A. 1916F, 957; Mahowald v. Thompson-Starrett Co., 134 Minn. 113, 158 N.W. 913, 159 N.W. 565; Kaletha v. Hall Mercantile Co., [157 Minn. 290], 196 N.W. 261; State [ex rel ... ...