State ex rel. Winston-Dear Co. v. District Court of St. Louis County
Supreme Court of Minnesota
Upon the relation of Winston-Dear Company the supreme court granted its writ of certiorari directed to the district court for St. Louis county and the Honorable William A. Cant, one of the judges thereof, to review the judgment in that court in proceedings brought under the Workmen’s Compensation Act by Kate Westman, widow of Carl G-. Westman, employee, against Winston-Dear Company, employer.
1DissentDibell, J.
I dissent.
*185Prior to the Workmen’s Compensation Act. of 1’913 a locomotive engineer, like Westman, whether in the service of a common carrier railroad or a private road like a mining railroad, was within the protection of Laws 1887, p. 69, c. 13.. This act, commonly called the railway fellow-servant act, applied to “every railroad corporation owning or operating a railroad in this state.” As changed in phraseology by the revision of 1905 it applied to “every company owning or operating, as a common carrier or otherwise, a railroad,” etc. E. L. 1905, § 2042; G-. S. 1913, § 4427.
There was no…
2Cases cited7 opinions
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Kline v. Minnesota Iron Co.Supreme Court of Minnesota · 1904
- Waldum v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1919
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Industrial CommissionWisconsin Supreme Court · 1913
- Jelos v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1913
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