Plachetko v. Chicago, Burlington & Quincy Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administratrix of the estate of Joseph Plachetko, deceased, to recover $25,000 for the de'ath of her intestate while in defendant’s employ. The answer alleged that plaintiff’s intestate was negligent, that the physical conditions surrounding the work were patent and that he assumed the risk. The case was tried before Michael, J., who granted defendant’s motion for a directed verdict.
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Action in the district court for Ramsey county by the administratrix of the estate of Joseph Plachetko, deceased, to recover $25,000 for the de'ath of her intestate while in defendant’s employ. The answer alleged that plaintiff’s intestate was negligent, that the physical conditions surrounding the work were patent and that he assumed the risk. The case was tried before Michael, J., who granted defendant’s motion for a directed verdict. From an order denying her motion fpr a new trial, plaintiff appealed.
1Opinion of the CourtHolt, J.
The appeal is from the order denying a new trial, there having been a verdict directed in favor of defendant.
*279The main question is whether there . was any evidence to go to the jury of the negligence alleged as the cause of the death of plaintiff’s intestate. Plachetko, plaintiff’s intestate, was one of about 80 men working for defendant in the repair of cars 'at its Tepair yard in St. Paul. This yard consisted of three parallel tracks, holding about 40 cars each when spaced a distance of 5 to 6 feet apart. The track nearest the river was known as number 1, the next number 2, and the next…
2Cases cited1 opinion
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
3Cited by4 opinions
- Hollister v. HinesSupreme Court of Minnesota · 1921
- Franklin v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1930
- May v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920
- Franklin v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1930