Fox v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $3,-000 for personal injury to plaintiff’s infant son. The negligence charged is stated in the opinion.
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Action in the district court for Blue Earth county to recover $3,-000 for personal injury to plaintiff’s infant son. The negligence charged is stated in the opinion. The complaint also alleged that it was defendant’s custom and ordinary way of notifying passengers when they arrived at their station for the brakeman to pass through or to go into the coaches and call the name of the station, for the purpose of notifying them to alight therefrom, and such was the custom and usual way of all roads to notify their passengers to alight at their destination. The answer amounted to a general denial…
1Opinion of the CourtHallam, J.
This action is brought by plaintiff as father of Edward Eox, his infant son, to recover damages for personal injury to said son. On October 28, 1911, plaintiff and his son were passengers on defendant’s train, arriving at Mankato about 8 o’clock p. m. The injury was occasioned by the child falling from the platform or steps of the ■car as the train was approaching the depot at Mankato. Several questions are involved: (1) Was the defendant negligent ? (2) If so, was its negligence the proximate cause of the injury? (3) Was there any negligence imputable to the child?
1. The negligence charged…
2Cases cited11 opinions
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Wallin v. Eastern Railway Co.Supreme Court of Minnesota · 1901
- Englehaupt v. Erie RailroadSupreme Court of Pennsylvania · 1904
- Pennsylvania Co. v. HoaglandIndiana Supreme Court · 1881
- Diggs v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brennan v. Minnesota, Dakota & Western Railway Co.Supreme Court of Minnesota · 1915
- Kuemmel v. VradenburgCourt of Appeals of Texas · 1951
- Kuemmel v. VradenburgCourt of Appeals of Texas · 1951