Supreme Court of Minnesota November 14, 1941, No. 32,965. (Wagner v. City of Duluth)

Hilton, Justice.

Dewey Wagner, a WPA worker, was fatally injured on July 19, 1939, when he was struck by a piece of pavement which slid into the ditch where he was working to remove rock and debris present there as a result of blasting operations conducted by defendant, city of Duluth.