Collins v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
Action in the district court for Nobles county, to recover damages for personal injuries to plaintiff’s intestate. On the trial, before Severance, 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. The failure to have a light upon the engine was a failure of the company to provide proper appliances in operating the train.
Read the full summary
Action in the district court for Nobles county, to recover damages for personal injuries to plaintiff’s intestate. On the trial, before Severance, 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. The failure to have a light upon the engine was a failure of the company to provide proper appliances in operating the train. In this duty the servant represents the master. Drymala v. Thompson, 26 Minn. 40; Wood v. N. Y. C. é II. R. R. Co., 70 N. Y. 195; Flike v. Boston é A.…
1Opinion of the CourtGileillan, C. J.
The action is by plaintiff, as administratrix, to recover for an injury to her intestate, Cornelius Collins. He was a laborer employed by defendant in repairing its track, and, at the time *33when hurt;, was, with others, going along on the track upon a handcar after nightfall. A train coming along on the track ran upon the hand-car, and injured Collins so that he died. The complaint alleges that there was negligence in running the train; that there was no light in front of the locomotive; and that it had not what is called a head-light. The negligent omission to provide a head-light (or…
2Cases cited1 opinion
- Drymala v. ThompsonSupreme Court of Minnesota · 1879
3Cited by14 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.