Smith v. St. Paul & Duluth Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county for damages because of failure of defendant to carry out the agreement mentioned in the opinion. At the trial, defendant contended that the terms of any such, agreement were contained in a letter from its general manager to the master mechanic of the road, instructing the latter to employ plaintiff as long as his services were satisfactory.
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Action in the district court for Ramsey county for damages because of failure of defendant to carry out the agreement mentioned in the opinion. At the trial, defendant contended that the terms of any such, agreement were contained in a letter from its general manager to the master mechanic of the road, instructing the latter to employ plaintiff as long as his services were satisfactory. Plaintiff maintained that, in return for the release mentioned in the opinion, he was to be employed as long as he was able to do the work. The court refused defendant’s request to charge the jury that if they…
1Opinion of the CourtCollins, J.
In September, 1889, while in defendant’s employ ms a locomotive engineer, the plaintiff, claiming that he had been injured by means of a defective reverse lever on his engine, brought •an action for damages, alleging defendant’s negligence. In consideration of a full release of all claims arising out of the injuries, the latter agreed to give to the former his old position on the road, and ■to retain him as long as he should be able to do the work. The plaintiff thereupon resumed work, and by virtue of certain rules relating to duration and period of service, through which came seniority in…
2Cases cited2 opinions
- Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
- McMullan v. Dickinson Co.Supreme Court of Minnesota · 1895
3Cited by21 opinions
- Skagerberg v. Blandin Paper Co.Supreme Court of Minnesota · 1936
- Abraham v. County of HennepinSupreme Court of Minnesota · 2002
- Bussard v. College of Saint Thomas, Inc.Supreme Court of Minnesota · 1972
- Louisville & Nashville R. R. v. CoxCourt of Appeals of Kentucky · 1911
- Price v. Western Loan & Savings Co.Utah Supreme Court · 1909
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