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SCHROEDER v. JESCO, INC.

No. 43801.

209 N.W.2d 414 (1973)

Casper H. SCHROEDER, Appellant, International Insurance Company, Appellant, v. JESCO, INC., defendant and third-party plaintiff, Respondent, v. First Construction Company, third-party defendant, Respondent.

Supreme Court of Minnesota.

July 6, 1973.

Attorney(s) appearing for the Case

Sachs, Latz & Kirshbaum, and Mitchel I. Kirshbaum, Minneapolis, for Schroeder.

Mordaunt, Walstad, Cousineau & McGuire, and Robert J. McGuire, Minneapolis, for International Ins. Co.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II, and William D. Flaskamp, Minneapolis, for Jesco, Inc.

Hoppe & Healy and Robert L. Healy, Minneapolis, for First Construction Co.

Heard before KNUTSON, C. J., and PETERSON, TODD, and MacLAUGHLIN, JJ.

MacLAUGHLIN, Justice.

This is an action to recover damages sustained by plaintiff, Casper H. Schroeder, as a result of an industrial accident on March 26, 1969, in the construction of a building in the Metro Office Park project in Bloomington, Minnesota. A jury found that defendant, Jesco, Inc., was negligent and that its negligence was the sole cause of the accident. However, the jury also found that plaintiff assumed the risk of a known hazard, thereby precluding...

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