Fay v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action in the district court for Watonwan county by the administratrix of Owen F. Fay, deceased, to recover $5,000 by reason of the death of her intestate while employed by defendant. The facts are stated in the opinion. From an order, Severance, J., denying a new trial, plaintiff appealed.
1Opinion of the CourtMitoi-Iell, J.
This was an action to recover damages for the death of plaintiff’s intestate, caused by the alleged negligence of the defendant. When the plaintiff rested, the court, on motion of the defendant, *193dismissed the case, on the ground that the plaintiff had failed to establish a cause of action. From an order denying a new trial, the plaintiff appealed.
There is no dispute as to the evidentiary facts. The deceased was a yard switchman in defendant's yard at St. James, and met his death about 9 p. m. on January 27, 1897, by being run over by the cars while attempting to cut off a car from a moving…
2Cited by6 opinions
- Sankey v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- Gibson v. Iowa Central Railway Co.Supreme Court of Minnesota · 1911
- Judd's Administratrix v. Southern Railway Co.Court of Appeals of Kentucky · 1916
- Mellette v. Indianapolis Northern Traction Co.Indiana Court of Appeals · 1908
- Reams v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1930
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