Minnesota Supreme Court, 1947

Lloyd v. Minnesota Valley Canning Co.

Lloyd v. Minnesota Valley Canning Co.
Minnesota Supreme Court · Decided July 3, 1947 · PER CURIAM.
28 N.W.2d 697; 224 Minn. 305; 1947 Minn. LEXIS 536 (North Western Reporter, Second Series)

Counsel

Moonan, Sturner Heinen and George T. Olsen , for appellant. Freeman King and Robert L. Hoppe , for respondent.

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Lloyd v. Minnesota Valley Canning Co.

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

This case comes here on appeal from an order sustaining a demurrer to the amended complaint. The action was by an employe against her employer, sounding in tort, for personal injuries resulting only in disfigurement not materially affecting plaintiff’s employ-ability. Plaintiff challenges the constitutionality of the workmen’s compensation act, but, since we hold that plaintiff’s injuries do not *306 fall within the coverage of that act, the question of constitutionality does not arise.

M. S. A. § 176.11, subd. 3(38), by necessary implication excludes from the coverage of the workmen’s compensation act disfigurement which does not materially affect employability. Therefore, plaintiff’s tort action for such disfigurement survived the enactment of the compensation act. Donnelly v. Minneapolis Mfg. Co. 161 Minn. 240, 201 N. W. 305; Rosenfield v. Matthews, 201 Minn. 113, 275 N. W. 698, and cases cited.

Order reversed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.