Roberts v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action to recover damages for the hilling of plaintiff’s husband, brought in the district court for Ramsey county. Upon the trial before Brill, J., and a jury, when plaintiff rested, the action was dismissed on defendant’s motion. Plaintiff appeals from an order refusing a new trial. The case is stated in the opinion. cited Dixon v. Rankin, 1 Am. Ry. Cas. 569; Story on Agency, § 453d; Louisville, etc., R. Co. v. Collins, 2 Duv. (Ky.) 114, and note, 5 Am. Law Reg.
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Action to recover damages for the hilling of plaintiff’s husband, brought in the district court for Ramsey county. Upon the trial before Brill, J., and a jury, when plaintiff rested, the action was dismissed on defendant’s motion. Plaintiff appeals from an order refusing a new trial. The case is stated in the opinion. cited Dixon v. Rankin, 1 Am. Ry. Cas. 569; Story on Agency, § 453d; Louisville, etc., R. Co. v. Collins, 2 Duv. (Ky.) 114, and note, 5 Am. Law Reg. (N. S.) 272; G. é N. W. R. R. Co. v. Moronda, 93 Ill. 302; Railroad Co. v. Keary, 3 Ohio St. 201; Pittsburg, etc., Ry. Co.Y.…
1Opinion of the CourtVanderburgh, J.
One of defendant’s passenger trains ran off the track in consequence of a misplaced switch, negligently left open by one of its employes in charge thereof, thereby causing the death of plaintiff’s intestate, who was a baggage-master on the train. Hence this action for damages. It is not questioned that the track, switch, and train were in all their appointments complete, and in good order and repair. And it is not alleged that the defendant was negligent in the selection or employment of the person charged with the duty of operating the switch, or that there had been any omission on its part…
2Cases cited2 opinions
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Collins v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1882
3Cited by7 opinions
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1894
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Miller v. Southern Pacific Co.Oregon Supreme Court · 1891
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