McNaney v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $60,000 for injury received while in the employ of defendant. The substance of the pleadings is given in the first paragraph of the opinion.
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Action in the district court for Ramsey county to recover $60,000 for injury received while in the employ of defendant. The substance of the pleadings is given in the first paragraph of the opinion. The case was tried before Olin B. Lewis, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $18,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
Plaintiff was in the employ of defendant as brakeman. On July 26, 1913, at New Lenox, Illinois, while in the act of boarding a caboose, he fell and was injured. The complaint alleged that at the time of the injury defendant was a railroad corporation engaged in interstate commerce and the train upon which plaintiff was working was carrying interstate commerce upon an interstate highway; that the caboose in said train had a defective and loose grab iron which gave way when plaintiff took hold of it to board the train, and that the defendant had negligently constructed its track with a drain…
2Cases cited6 opinions
- Messenger v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
- Winters v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914
- Peterson v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1908
- Coleman v. Illinois Central RailroadSupreme Court of Minnesota · 1916
- Texas & P. Ry. Co. v. RigsbyCourt of Appeals for the Fifth Circuit · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. WolfeSupreme Court of the United States · 1923
- Netzer v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1953
- Director General of Railroads v. RonaldCourt of Appeals for the Second Circuit · 1920
- First Minneapolis Trust Co. v. Lancaster Corp.Supreme Court of Minnesota · 1931
- Goneau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1924
4 more not listed; retrieve them via the Exa API.