Legal Opinion

Brown v. Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided August 26, 1875PublishedCited by 27 opinions

Appeal by defendant from an order of tbe district court for Dakota comity, Orosby, J., presiding, refusing a new trial.

1Opinion of the CourtCornell, J.

The record contains all the testimony and proceedings, and the main question is whether, in view of the uncontroverted facts, such a case of unmixed negligence on the part of defendant is disclosed as will justify the verdict. Defendant is charged with having so carelessly and unskilfully operated one of its trains, in crossing a public highway, as to have propelled the same against the intestate, thereby inflicting injuries resulting in his death. There is no averment nor claim that the injuries were wantonly, wilfully or intentionally inflicted.

The rule applicable to cases of this…

2Cases cited4 opinions

  1. Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
  2. Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
  3. Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
  4. Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875

3Cited by27 opinions

  1. Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
  2. Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
  3. Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  4. Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
  5. Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883

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