Legal Opinion

Gibson v. Chicago Great Western Railroad

Supreme Court of Minnesota

Decided February 9, 1912No. Nos. 17,418—(227)PublishedCited by 13 opinions

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The complaint, among other matters, quoted in full section 2054 of the Annotated Code of Iowa, 1897; Acts of 1909, c. 219; and section 2071 of the Supplement to the Code, 1907, as amended by Acts 1909, e. 124. The answer, after alleging that the accident was caused solely through plaintiff’s negligence, admitted that the statutes quoted in the complaint were enacted prior to the accident…

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Action in the district court for Ramsey county to recover $25,000 for personal injuries. The complaint, among other matters, quoted in full section 2054 of the Annotated Code of Iowa, 1897; Acts of 1909, c. 219; and section 2071 of the Supplement to the Code, 1907, as amended by Acts 1909, e. 124. The answer, after alleging that the accident was caused solely through plaintiff’s negligence, admitted that the statutes quoted in the complaint were enacted prior to the accident and had not been repealed, but alleged that the Constitution of Iowa provided: “All laws of a general nature shall have…

1Opinion of the CourtBunn, J.

Plaintiff was the conductor of a freight train of defendant that reached Dyersville, Iowa, during the morning of December 6, 1910, and stopped at the water tank, just east of a street crossing, which was less than a block east of the station. His engine was out of repair, and it became necessary to move it to a side track west of the station. When this was done, another engine was to move the train from the main track to a side track, where it was to remain until the first engine was repaired. Plaintiff watched to see that his engine was put away properly, and in so doing walked back and…

2Cases cited3 opinions

  1. Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
  2. Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
  3. Dolge v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909

3Cited by13 opinions

  1. Ahlstrom v. Minneapolis, St. Paul & Sault Ste. Marie RailroadSupreme Court of Minnesota · 1955
  2. Alabama Great Southern Railroad Co. v. BishopSupreme Court of Alabama · 1956
  3. Hillstrom v. Mannheimer Bros.Supreme Court of Minnesota · 1920
  4. Gillespie v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
  5. Quinn v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1925

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