Madden v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
• This action was brought in the district-court for Waseca county, to recover damages for personal injuries occasioned to plaintiff, who was in defendant’s employ as a brakeman, by reason of a train being thrown from the track, owing to the alleged negligence of defendant in failing to keep its road in good condition.
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• This action was brought in the district-court for Waseca county, to recover damages for personal injuries occasioned to plaintiff, who was in defendant’s employ as a brakeman, by reason of a train being thrown from the track, owing to the alleged negligence of defendant in failing to keep its road in good condition. The allegations of the complaint setting out defendant’s negligence are as follows, viz.: “That said train was thrown from the track and plaintiff’s injuries were caused solely by the negligent and reckless conduct of defendant in failing, neglecting and omitting to use due care…
1Opinion of the CourtVanderbuegh, J.
The district court made an order, on defendant’s motion, directing the complaint to be made more definite in certain particulars, and in default thereof directed the matters objected to to be stricken out. Under the present system, to conform to the statute, a pleading ought to state truthfully, and as clearly and concisely as is reasonably practicable, the facts relied on by the pleader. But the exercise of the power to enforce this rule, and to correct pleadings upon motion, rests largely in the discretion of the trial court, and its action will not be reversed by this court, where, upon…
2Cases cited3 opinions
- Kimball v. DarlingWisconsin Supreme Court · 1873
- Pugh v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- Conehan v. CrosbySupreme Court of Minnesota · 1870
3Cited by8 opinions
- Reid v. LyttleCourt of Appeals of Kentucky · 1912
- Young v. LindquistSupreme Court of Minnesota · 1914
- Haug v. HauganSupreme Court of Minnesota · 1892
- Lincoln Mortgage & Trust Co. v. HutchinsNebraska Supreme Court · 1898
- State Highway Commission v. Board of CouncilmenCourt of Appeals of Kentucky (pre-1976) · 1932
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