Montbriand v. Chicago, St. P., M. & O. Ry. Co.
U.S. Circuit Court for the District of Minnesota
At Law. Action by Louis Montbriand against the Chicago, St. Paul, Minneapolis & Omaha Railway Company. A jury was duly impaneled and sworn, and the testimony on the part of the plaintiff was duly presented to them.
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At Law. Action by Louis Montbriand against the Chicago, St. Paul, Minneapolis & Omaha Railway Company. A jury was duly impaneled and sworn, and the testimony on the part of the plaintiff was duly presented to them. At the close of the testimony for the plaintiff, he having^ rested his case, counsel for defendant moved the court to direct the jury to return a verdict in favor of the defendant, on the ground that no actionable negligence had been shown against the defendant company, within the allegations of the complaint or at all.
1Opinion of the Court
WILLARD, District Judge.
I do not think that there is any evidence to show that the coupling was defective.
The mere fact that the engine did not couple onto the car I do not think is sufficient evidence to show a defective coupling. While in the case of a passenger there might be a presumption of negligence, .there is no presumption in a case of this kind; the plaintiff being an employe. Is there any evidence that this defendant company knew anything about the condition of the brakes?
Mr. Latham. I think they are bound to know whether the cars are in proper order.
The Court. All that the…
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- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
- Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
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