Franklin v. Winona & St. Peter Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Dodge -county, Buckham, J., presiding, refusing a new trial, after a verdict of $1,500 for plaintiff.
1Opinion of the CourtMitchell, J.
The negligence charged against the defendant was leaving open and uncovered the spaces between the ties over a culvert, into which deceased, a brakeman on defendant’s road, fell while making a coupling, and received injuries of which he died. The errors ^assigned and urged upon the argument may all be summed up in one, ■viz., that the evidence does not sustain the verdict, for the reasons •{!) that no negligence on part of defendant was proved; (2) that it ■appears that the negligence of the deceased contributed to the injury •complained of; but, if not, (3) that it was caused by the…
2Cases cited2 opinions
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Crutchfield v. . R. D. R. R. Co.Supreme Court of North Carolina · 1877
3Cited by21 opinions
- Rogers v. LeydenIndiana Supreme Court · 1891
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Tvedt v. WheelerSupreme Court of Minnesota · 1897
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. LangIndiana Supreme Court · 1889
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