Crandall v. McIlrath
Supreme Court of Minnesota
This action was brought against Charles Mcllrath, as the receiver of the Southern Minnesota Railroad Company, to recover damages for injuries sustained by the plaintiff while in the service of the defendant; and was based upon the alleged negligence of the defendant in employing an unskilful engineer, named Johnson, through whose alleged want of skill the plaintiff claimed to have been injured.
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This action was brought against Charles Mcllrath, as the receiver of the Southern Minnesota Railroad Company, to recover damages for injuries sustained by the plaintiff while in the service of the defendant; and was based upon the alleged negligence of the defendant in employing an unskilful engineer, named Johnson, through whose alleged want of skill the plaintiff claimed to have been injured. It appeared from the evidence that Johnson, contrary to his own wishes, had been transferred from the position of fireman to that of engineer or train dispatcher, by the foreman of the defendant’s…
1Opinion of the CourtBerry, J.
The plaintiff, while acting as a brakeman on the Southern Minnesota Eailroad, was so injured while coupling cars that it became necessary to amputate his leg. At the time of the injury the railroad was in the hands of the defendant, as a receiver, appointed by the circuit court of the United States for the district of Minnesota. The plaintiff *131seeks in this action to recover damages for his injury from the defendant, upon the ground that defendant was guilty of negligence in employing an unfit engineer, through whose unfitness the injury occurred.
The jury brought in a general verdict for the…
2Cited by2 opinions
- Nutzmann v. Germania Life Insurance Co. of New YorkSupreme Court of Minnesota · 1900
- Morrow v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898