136 Minn. 212 | Minn. | 1917
This action was brought to recover damages which the plaintiff claims to have sustained as the result of the negligence of the defendants. Plaintiff had a verdict and the defendants appealed from an order denying their motion for judgment or a new trial.
The facts are as follows: Plaintiff had followed the occupation of telegraph operator and was in the employ of the defendant Western Union
Plaintiff claims that during the time she occupied the room, particularly in December, 1914, and January, 1915, the room was inadequately and insufficiently heated, in consequence whereof she suffered from the cold, and was, by the varying or intermittent conditions of heat and cold, exposed to and in fact contracted tuberculosis from which she is now suffering. She charges in her complaint that the insufficient and inadequate heat was due to the negligence of defendants, whose duty it was to supply and furnish to plaintiff a reasonably safe ana suitable place wherein to perform her duties as the servant and employee of each. The allegations of negligence were put in issue by the separate answers of the defendants, and by their verdict solved in plaintiff’s favor by the jury.
Several questions are presented by the assignments of error, but we deem it necessary to consider only those challenging the sufficiency of the evidence to support the verdict. We have no difficulty with the law
For these reasons there must be a reversal, in view of which we take occasion to remark that there was no error in dismissing the action as to the defendant Treat. We do not deem it necessary to separately consider the question of assumption of risk or contributory negligence.
Order reversed.