128 Minn. 479 | Minn. | 1915
This is a personal injury case in which plaintiff recovered a verdict of $1,500. Defendant appealed to this court from an order denying its motion in the alternative for judgment notwithstanding the verdict or for a new trial.
Defendant claims that there was no evidence of negligence, that plaintiff was guilty of contributory negligence, and that he assumed the risk.
The facts bearing upon these questions are practically undisputed, and are as follows: Defendant operates a sawmill on the south shore of Lake Bemidji. A spur track extends from the shore upon a trestle out into .the lake. Cars loaded with logs are run out on this track, and the logs dumped into the water. Plaintiff was 49 years
The claim of negligence relied on and on which this issue was submitted to the jury, was making up a load in the way this one was, putting short logs underneath, with longer ones on top. We will assume that this question was properly submitted to the jury.
We are of the opinion that the evidence conclusively showed that plaintiff assumed the risk. He knew just how the car was loaded. He knew that the logs might start to move at any moment, and deliberately placed himself in a position where it would require extreme agility to escape injury if either he or his partner succeeded in his efforts, or if the logs started from any cause. Not only did
The order appealed from is reversed with directions to enter judgment for defendant.