Legal Opinion

Fay v. Minneapolis & St. Louis Railway Co.

Supreme Court of Minnesota

Decided February 20, 1883PublishedCited by 18 opinions

Appeal by defendant from an order of the district court for Kam-sey county, Simons, J., presiding, refusing a new trial.

1Opinion of the CourtVandeRBUROh, J.

The respondent, a brakeman in the employ of the railway company, appellant, while engaged in coupling cars, sustained an injury to his band, caused by the condition of the coupling attachment of one of the ears, which, he alleges, had been suffered to remain out of repair through the negligence of the company. The car did not belong to the company, but was a foreign car in its possession and use. The injury is admitted, but the negligence is denied. The evidence tended to prove the following facts: At the time of the accident, this car had been in the company’s yard at *232Minneapolis about one…

2Cases cited2 opinions

  1. Drymala v. ThompsonSupreme Court of Minnesota · 1879
  2. Sprong v. . Boston Albany R.R. Co.New York Court of Appeals · 1874

3Cited by18 opinions

  1. Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
  2. Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
  3. Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
  4. Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
  5. Chicago, St. Louis & Pittsburgh Railroad v. FryIndiana Supreme Court · 1891

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