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MODJESKI v. ATWELL, VOGEL & STERLING, INC.

No. 4-69-Civ. 81.

309 F.Supp. 119 (1969)

Lewyelln MODJESKI, as trustee for the next of kin of George Modjeski, deceased, Plaintiff, v. ATWELL, VOGEL & STERLING, INC., a Delaware corporation, and Employers Insurance of Wausau, a Wisconsin corporation, Defendants.

United States District Court, D. Minnesota, Fourth Division.

October 17, 1969.

Attorney(s) appearing for the Case

John F. Eisberg and Robins, Davis & Lyons, St. Paul, Minn., for plaintiff.

Richard P. Mahoney and Mahoney & Mahoney, Minneapolis, Minn., for defendant, Employers Ins. of Wausau.

John R. O'Brien and Jardine, Logan & O'Brien, St. Paul, Minn., for defendant, Atwell, Vogel & Sterling, Inc.

ORDER

LARSON, District Judge.

Plaintiff brings this action to recover damages for the wrongful death of the decedent George Modjeski. On August 12, 1968, while in the course and scope of his employment with Federal Bakery of Winona, Inc. (Federal), decedent was struck on the head by a descending freight elevator. This blow was apparently the proximate cause of death. The elevator in question was equipped with electrical-mechanical interlocks which, if properly...

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