Herrick v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial. It is undoubtedly true, as a general rule, “that wherever, by either the common or statute law of a state, a right of action has become fixed, and a legal liability incurred, that liability maybe enforced and the right of action pursued in any court which has jurisdiction of such matters and can obtain jurisdiction of the parties.”
Read the full summary
Appeal by plaintiff from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial. It is undoubtedly true, as a general rule, “that wherever, by either the common or statute law of a state, a right of action has become fixed, and a legal liability incurred, that liability maybe enforced and the right of action pursued in any court which has jurisdiction of such matters and can obtain jurisdiction of the parties.” To this rule, however, there is an important qualification, supported by an overwhelming weight of authority, viz.: “that to sustain an action…
1Opinion of the CourtMitchell, J.
The defendant owned and operated a line of railroad from Albert Lea, in this state, to Fort Dodge, in the state of Iowa. The plaintiff entered the service of defendant, in Iowa, as brakeman on one of its trains, to be operated wholly in that state. While coupling cars on his train in the discharge of his duty in that state, plaintiff was injured through the negligence of the engineer in charge of the train, under such circumstances as to give him a right of action under a statute of Iowa, which makes every corporation operating a railway in that state liable for all damages sustained by any…
2Cases cited11 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
- State of California, Department of Mental Hygiene v. CopusTexas Supreme Court · 1958
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Biewend v. BiewendCalifornia Supreme Court · 1941
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
111 more not listed; retrieve them via the Exa API.