Legal Opinion

Haluptzok v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided December 7, 1893No. 8424PublishedCited by 46 opinions

Appeal by defendant, Great Northern Railway Company, from .-an order of the District Court of Wright County, Thomas Canty, J., made April 15,1893, denying its motion for a new trial.

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Appeal by defendant, Great Northern Railway Company, from .-an order of the District Court of Wright County, Thomas Canty, J., made April 15,1893, denying its motion for a new trial. On the afternoon of July 18, 1892, Alfonzo Haluptzolr, eight year old, son of plaintiff, John Haluptzok, was on the platform of the railway depot of defendant in Waverly in Wright County. .AVhile there his left foot was seriously injured by being run over by one of the wheels of a baggage truck loaded with freight. The truck was at the time being handled by James O’Connel, a young man learning telegraphy there,…

1Opinion of the CourtMitchell, J.

The plaintiff brought this action to recover for personal injuries to Ms infant child, caused by tbe negligence of the alleged servant of the defendant. 1878 G. S. ch. 66, § 34.

The injuries were inflicted by one O’Connell, and the only question presented by this appeal is whether O’Connell was defendant’s servant. The evidence, in which there is no material conflict, is substantially as follows: The defendant maintained a public depot .and freight and passenger station at the village of Waverly. The premises were owned and controlled by the defendant, but the Great Northern Express Company…

2Cases cited1 opinion

  1. Althorf v. . WolfeNew York Court of Appeals · 1860

3Cited by46 opinions

  1. Grant v. KnepperNew York Court of Appeals · 1927
  2. Baltimore & Ohio Southwestern Railroad v. BurtchSupreme Court of the United States · 1924
  3. Jones v. GoodsonCourt of Appeals for the Tenth Circuit · 1941
  4. Geiss v. Twin City Taxicab Co.Supreme Court of Minnesota · 1913
  5. Aga v. HarbachSupreme Court of Iowa · 1905

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