Legal Opinion

Campbell v. Duluth & Northeastern Railroad

Supreme Court of Minnesota

Decided March 19, 1909No. Nos. 15,834—(191)PublishedCited by 7 opinions

Action, in the district court for St. Louis county to recover $12,000 damages for personal injuries incurred while a passenger upon defendant’s train. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $2,000. Erom an order denying defendant’s motion for a new trial, it appealed.

1Opinion of the CourtJaggard, J.

Plaintiff was injured while riding as a passenger in the caboose of the defendant’s mixed train. She had a verdict. The first controversy in this appeal is whether the record contains any evidence tending to show that defendant was a so-called logging road, as distinguished from the ordinary commercial carriers. The question is not clear, because the controversy does not appear to have been satisfactorily litigated. Counsel for plaintiff himself, however, in his own questioning on trial, assumed that defendant was a logging road. In his brief on this appeal he asks: “Is it for this court to'…

2Cases cited16 opinions

  1. Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
  2. Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
  3. Hall v. MurdockMichigan Supreme Court · 1897
  4. Rosenbaum v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1888
  5. Railway Co. v. SweetSupreme Court of Arkansas · 1893

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3Cited by7 opinions

  1. Flaherty v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1958
  2. Koontz v. WhitneyWest Virginia Supreme Court · 1930
  3. Hill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1910
  4. Fieve v. EmmeckSupreme Court of Minnesota · 1956
  5. Schultz v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913

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