Kitman v. Chicago, Burlington & Quincy Railroad
Supreme Court of Minnesota
Action in the district court for -Ramsey county to recover $30,-000 for personal injuries sustained while employed by defendant as a locomotive fireman. Tbe complaint alleged that the engine was unsafe in that one of the stay-chains or safety-chains coupling the locomotive and the tender was lost, and in that the safety-hangers upon the brake beams of the tender had been lost.
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Action in the district court for -Ramsey county to recover $30,-000 for personal injuries sustained while employed by defendant as a locomotive fireman. Tbe complaint alleged that the engine was unsafe in that one of the stay-chains or safety-chains coupling the locomotive and the tender was lost, and in that the safety-hangers upon the brake beams of the tender had been lost. The answer denied that the injury was caused by defendant’s negligence, admitted that plaintiff was in defendant’s employ, as stated in the opinion, and for a special defense alleged that long prior to February, 1906,…
1Opinion of the CourtLewis, J.
Plaintiff was employed as fireman on engine No. 1917 at La Crosse, Wisconsin, and he claims that the engine, pulling a string of freight cars, left Grand Crossing, near La Crosse, on the evening of February 19, for St. Paul, and that the tender became derailed near Prescott, resulting in injury to him. Negligence was charged in failing to provide the tender and engine with proper safety chain connections and proper brakebeam supports. Plaintiff recovered a verdict of $11,000, and the appeal presents three questions for review:
1. Was there any trustworthy evidence to establish negligence? Two…
2Cases cited5 opinions
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1909
- Galloway v. Chicago, M. & St. P. Ry. Co.Supreme Court of Minnesota · 1894
- Southern Pac. Co. v. RauhCourt of Appeals for the Ninth Circuit · 1892
- Freddie Pearl Masteller v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- McCord v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
3Cited by8 opinions
- Piche v. HalvorsonSupreme Court of Minnesota · 1937
- Lowe v. Armour Packing Co.Supreme Court of Minnesota · 1921
- Northern Pac. Ry. Co. v. Haugan (Three Cases)Court of Appeals for the Eighth Circuit · 1950
- Tiedt v. LarsonSupreme Court of Minnesota · 1928
- Watson v. GardnerSupreme Court of Minnesota · 1931
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