Legal Opinion

Woods v. St. Paul & Duluth Railroad

Supreme Court of Minnesota

Decided November 22, 1888PublishedCited by 2 opinions

Appeal by plaintiff from an order of the district court for Henne-pin county, Young, J., presiding, refusing a new trial after a dismissal ordered at the trial.

1Opinion of the CourtVanderburgh, J.

The defendant company was engaged in switching a train of coal cars, which were being passed over scales and weighed. The train was backed up near the scales, and the rear cars were detached in their order, and were severally sent over the scales, upon which they were weighed while moving, with sufficient momentum to carry them over to the track beyond. This movement, imparted to them by the action of the engine attached to the front or most distant portion of the train, is commonly called “kicking.” The track beyond the scales was built upon a platform and trestle-work upon a descending…

2Cited by2 opinions

  1. Fisher v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1889
  2. Beaton v. Great Northern Railway Co.Supreme Court of Minnesota · 1913

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