Gonsior v. Minneapolis & St. Louis Railway Co.

31 N.W. 515, 36 Minn. 385, 1887 Minn. LEXIS 231

Opinions

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 Brown v. Winona & St. Peter R. Co., 27 Minn. 162, (6 N. W. Rep. 484.)

Order affirmed.