HALVORSON v. AMERICAN HOIST & DERRICK CO.

No. 44705.

240 N.W.2d 303 (1976)

Kenneth HALVORSON, Respondent, v. AMERICAN HOIST AND DERRICK COMPANY, Defendant and Third-Party Plaintiff, Appellant. MACHINERY INVESTMENT CORPORATION, Defendant and Third-Party Plaintiff, v. BARTON CONTRACTING COMPANY, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

January 23, 1976.


Attorney(s) appearing for the Case

Faegre & Benson and James Fitzmaurice and Joseph M. Price, Minneapolis, for appellant.

Abrams & Spector, and Mitchell R. Spector, Minneapolis (for Halvorson) Jardine, Logan & O'Brien and Michael J. Healey, St. Paul (for Barton Contracting Co.), for respondents.

Heard before SHERAN, C. J., and OTIS, KELLY and TODD, JJ., and considered and decided by the court en banc.


KELLY, Justice.

Defendant American Hoist and Derrick Company appeals from an order of the district court denying its post-trial motion following a jury verdict finding American Hoist 25-percent causally negligent and plaintiff's employer, Barton Contracting Company, 75 percent causally negligent. The district court denied American Hoist's third-party claims of indemnity and contribution against Barton. We hold that American Hoist was not negligent as a matter of law...

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