Kelley v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Upon the trial of this action in the district court for Hennepin county, before Young, J., and a jury, the plaintiff having rested her case, a motion for a dismissal was made and granted. Plaintiff appeals from the judgment.
1Opinion of the CourtBerry, J.
One of defendant’s flat cars, loaded with timber, having been inspected and found in bad order, was removed to a track in defendant’s yard known as the repair track, being that upon which cars in bad order were customarily placed for the purpose of repair, and it was thus withdrawn (Fraker v. St. Paul, M. & M. Ry. Co., 32 Minn. 54, 19 N. W. Rep. 349,) from actual service in defendant’s ordinary business. A card, marked “Bad Order” was affixed to it by the inspector, but it does not appear that it was on it when it reached the repair track. On the contrary, the evidence tends to show that it…
2Cases cited6 opinions
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
- Flanagan v. the Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Watson v. H. & T. C. R'y Co.Texas Supreme Court · 1883
- Chicago & Northwestern Railroad v. WardIllinois Supreme Court · 1871
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Broderick v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Chesapeake & O. R. v. HennesseyCourt of Appeals for the Sixth Circuit · 1899
- Marshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1915
- Brown v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1898
- Kaminski v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1930
6 more not listed; retrieve them via the Exa API.