Gunn v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Divide County; K. E. Leighton, J. Action to recover damages for personal injuries sustained while unloading a freight car. Judgment for plaintiff. Defendant appeals. The so-called “Fellow-Servant Act” of this state does not apply in this case. Comp. Laws 1913, § 48.04; Beleal v. Northern P. B. Co. 15 N. D. 318, 108 N. W. 33, 11 Ann. Cas. 921, 20 Am. Neg.
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Appeal from the District Court of Divide County; K. E. Leighton, J. Action to recover damages for personal injuries sustained while unloading a freight car. Judgment for plaintiff. Defendant appeals. The so-called “Fellow-Servant Act” of this state does not apply in this case. Comp. Laws 1913, § 48.04; Beleal v. Northern P. B. Co. 15 N. D. 318, 108 N. W. 33, 11 Ann. Cas. 921, 20 Am. Neg. Bep. 453. To come within the operation of the fellow-servant law, the injury must have occurred while the plaintiff or his fellow servant, responsible for the injury, was engaged in the business of operating…
1Opinion of the CourtBruce, J.
This is an action to recover damages occasioned to a railroad employee through the carelessness of a fellow servant in allowing a feed grinder to fall upon him and while unloading freight from a railroad car at about 8 o’clock at night, and in order that it might proceed on its journey the next morning, and which car was standing on the main track of the railroad, the engine having left and gone to a station some 10 miles distant in order to get water. A verdict was rendered for the plaintiff, and from the judgment entered thereon the defendant appeals.
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2Cases cited15 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Knoxville Iron Co. v. HarbisonSupreme Court of the United States · 1901
- Minneapolis & St. Louis Railway Co. v. HerrickSupreme Court of the United States · 1888
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- State v. Peel Splint Coal Co.West Virginia Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- F. W. Woolworth Co. v. GrayNorth Dakota Supreme Court · 1951
- Northwestern Improvement Co. v. County of MortonNorth Dakota Supreme Court · 1951
- Peterson v. Fargo-Moorhead Street Railway Co.North Dakota Supreme Court · 1917
- F. W. Woolworth Co. v. GrayNorth Dakota Supreme Court · 1951
- Froelich v. Northern Pacific Railway Co.North Dakota Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.