Schultz v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $2,500 fop personal injury while a passenger on one of defendant’s trains. The complaint alleged, among other matters, that by reason of defendant’s negligence, plaintiff was thrown from his seat in the caboose with great violence against the window thereof, breaking the glass and severely injuring his hand.
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Action in the district court for Waseca county to recover $2,500 fop personal injury while a passenger on one of defendant’s trains. The complaint alleged, among other matters, that by reason of defendant’s negligence, plaintiff was thrown from his seat in the caboose with great violence against the window thereof, breaking the glass and severely injuring his hand. The answer alleged that the accident to plaintiff was due to his own negligence and from his failure to exercise due and ordinary care for his safety. The case was tried before Childress, J., who, at the close of plaintiff’s case,…
1Opinion of the CourtPhilip E. Brown, J.
Appeal by defendant from a judgment rendered in an action to recover damages for personal injuries, after denial of its motion for judgment notwithstanding the verdict.
On the day of the accident plaintiff entered one of defendant’s local freight trains as a passenger. Its equipment for such traffic consisted of a caboose with ordinary cupola in its rear but containing, at all times involved, ample seating capacity in its fore part upon seats provided for such purpose, some of which were occupied by other passengers, including ladies. Plaintiff paid the fare to the conductor and for awhile sat…
2Cases cited8 opinions
- McVeety v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1891
- McNee v. Coburn Trolley Track Co.Massachusetts Supreme Judicial Court · 1898
- Jones v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Butler v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1894
- Campbell v. Duluth & Northeastern RailroadSupreme Court of Minnesota · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fieve v. EmmeckSupreme Court of Minnesota · 1956
- Doran v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1915
- Scharringhaus v. HazenCourt of Appeals of Kentucky (pre-1976) · 1937
- Grignon v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915
- Block v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916