Legal Opinion

Mikkelson v. Truesdale

Supreme Court of Minnesota

Decided December 9, 1895No. Nos. 9733-(138)PublishedCited by 18 opinions

Appeal by defendant from an order of the district court for Freeborn county, Whytock, J., granting plaintiff’s motion for a new trial. Defendant is not liable even if the “hostler” was negligent. There can be no recovery under the statute unless the injured party was at the time “engaged in operating a railroad.” Lavallee v. St. Paul, M. & M. By. Co., 40 Minn. 249, 41 N. W. 974; Pearson v. Chicago, M. & St. P. By.

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Appeal by defendant from an order of the district court for Freeborn county, Whytock, J., granting plaintiff’s motion for a new trial. Defendant is not liable even if the “hostler” was negligent. There can be no recovery under the statute unless the injured party was at the time “engaged in operating a railroad.” Lavallee v. St. Paul, M. & M. By. Co., 40 Minn. 249, 41 N. W. 974; Pearson v. Chicago, M. & St. P. By. Co., 47 Minn. 9, 49 N. W. 302; Johnson v. St. Paul & D. B. Co., 43 Minn. 222, 45 N. W. 150. Where a statute changes the common law, it will not be held to be abrogated farther than…

1Opinion of the Court

START, C. J.2

This is an action against the receiver of the Minneapolis & St. Louis Railway Company to recover damages for a personal injury.

The defendant, at the close of the evidence, moved the court to instruct the jury to return a verdict for the defendant, on the grounds: “First. There is no evidence of negligence on the part of the defendant. Second. The injury complained of and alleged to have been sustained by the plaintiff, resulted from the negligence of a fellow servant of the plaintiff. Third. The plaintiff’s own negligence contributed to and caused the injury and accident…

2Cases cited1 opinion

  1. Nichols v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895

3Cited by18 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. Wall v. PlattMassachusetts Supreme Judicial Court · 1897
  3. Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
  4. Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
  5. Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905

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