Rudquist v. Empire Lumber Co.
Supreme Court of Minnesota
Action in the district court for Winona county to recover $10,000 for personal injuries sustained by plaintiff while in the employ of defendant as brakeman on its railway. The case was tried before Snow, J., and a jury which returned a verdict for plaintiff for $2,000. From an order denying its motion for a new trial, defendant appealed. The complaint alleged that defendant operated a railway as a common carrier of both freight and passengers for hire.
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Action in the district court for Winona county to recover $10,000 for personal injuries sustained by plaintiff while in the employ of defendant as brakeman on its railway. The case was tried before Snow, J., and a jury which returned a verdict for plaintiff for $2,000. From an order denying its motion for a new trial, defendant appealed. The complaint alleged that defendant operated a railway as a common carrier of both freight and passengers for hire. The answer denied this allegation and alleged that defendant operated in Wisconsin a private logging railway used solely by it in hauling logs…
1Opinion of the CourtLewis, J.
Respondent was injured while employed as a brakeman on appellant’s logging railway, located and operated in Wisconsin. The complaint alleges that respondent was ordered to go between the engine and a car loaded with logs and place a pole against the end of a log extending over the car, so that it might be pushed into proper position on the car by backing the engine against the pole; that the conductor signaled the engineer at the proper time to stop the engine, but that the engineer negligently failed to obey the order and respondent was caught between the engine and logs, and injured. The…
2Cases cited4 opinions
- Stiller v. Bohn Manufacturing Co.Supreme Court of Minnesota · 1900
- Monsen v. CraneSupreme Court of Minnesota · 1906
- Jacobson v. JohnsonSupreme Court of Minnesota · 1902
- Samuelson v. Hennepin Paper Co.Supreme Court of Minnesota · 1907
3Cited by2 opinions
- Poczerwinski V. C. A. Smith Lumber Co.Supreme Court of Minnesota · 1908
- Brough v. BaldwinSupreme Court of Minnesota · 1909