Smith v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial.
1Opinion of the CourtBerry, J.
This is an action to recover damages for the death of Arthur B. Griffing, alleged to have been occasioned by the negligence and carelessness of defendant’s employes, in running a locomotive over him. There is no claim nor evidence that the locomotive was wilfully, wantonly or intentionally run upon the decedent. The case is, then, one to. which the rules laid down in Donaldson v. Milwaukee & St. Paul Ry. Co., 21 Minn. 293, and approved and applied in Brown v. Milwaukee & St. Paul Ry. Co., 22 Minn. 165, are properly applicable. These rules are, first, that to maintain an action of this kind,…
2Cases cited2 opinions
- Brown v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
3Cited by6 opinions
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Lando v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1900
- Chicago, St. P., M. & O. R. Co. v. RossowCourt of Appeals for the Eighth Circuit · 1902
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