Nelson v. Kelso
| Citation | 97 N.W. 459,91 Minn. 77 |
| Decision Date | 04 December 1903 |
| Docket Number | 13,679 - (146) |
| Parties | MARTIN NELSON v. W. C. KELSO and Another |
| Court | Supreme Court of Minnesota (US) |
Action in the district court for Beltrami county to recover $10,000 for personal injuries. The case was tried before McClenahan J., and a jury, which rendered a verdict in favor of plaintiff for $5,500. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict plaintiff appealed. Affirmed.
Personal Injury.
In a personal injury action, held, it conclusively appears from the evidence that plaintiff was familiar with the machinery and the place in which he worked, had been warned of the danger, and appreciated and assumed the risk of continuing at work.
A. A. Miller and L. H. Bailey, for appellant.
Morton Barrows, for respondents.
Respondents owned and operated a sawmill, which was equipped with what is known as a "slab-chute," consisting of a flat table about three feet wide and about twenty feet long, upon which ran four endless chains lengthwise over sprocket wheels on shafts placed at either end of the chute. On one side of the chute, some three or four feet lower than its top, was a platform upon which the workman stood in the performance of his duties, which consisted in keeping the chute free from obstructions and seeing that the slabs and other refuse passed on and into the carts. This work required him to pass by the end of the shaft at the outer end of the chute. The sprocket wheel on this shaft was some two or three inches from the end, and the shaft passed through and revolved in a box set in the outer edge of the frame of the slabchute outside of the sprocket wheel, and projected about an inch through the box over the outer edge of the chute towards the operator. This projection was not protected, and the end of the shaft was somewhat rough, a small piece having been splintered off. Appellant was twenty-three years old. He went to work in respondents' lumber yard February 15 1902, where he remained until the following May 16, when he was set to work at the slab-chute. Over his other clothes appellant wore a pair of bib overalls, buttoned at each side, and held on by suspenders attached to the bib. He was standing on the platform above described, and while reaching over the chute for the purpose of handling or straightening the slabs either the end of the revolving shaft or the...
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Wyldes v. Patterson
...be to furnish them, under the law, the servant may waive that performance by engaging to do the work without the same. Nelson v. Kelso, 91 Minn. 77, 97 N.W. 459; Williams v. Bunker Hill & S. Min. & Co. 190 F. 79; Wilson v. Lake Shore & M. S. R. Co. 145 Mich. 509, 108 N.W. 1021; Beleal v. No......
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