Penas v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff, by bis guardian, against defendant company and William Keys, to-recover $50,000 for personal injuries sustained by being forcibly ejected from defendant’s train.
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Action in the district court for Ramsey county by plaintiff, by bis guardian, against defendant company and William Keys, to-recover $50,000 for personal injuries sustained by being forcibly ejected from defendant’s train. The complaint among other things alleged that on February 26, 1907, plaintiff was desirous of riding to Western avenue on the train. of defendant company, boarded the train at the Union Depot in St. Paul and was received upon the train as a passenger; that William Bleys, a brakeman, approached plaintiff and stated in a loud voice “get off this train, * * * or I will throw…
1Opinion of the CourtJaggabd, J.
Por present purposes it will be assumed that plaintiff and appellant’s minor was really, though not apparently, a trespasser on defendant’s passenger train. Plaintiff’s contention was that a brakeman struck or pushed him from one of its cars while in rapid motion, so that he fell to the ground in such a way as to have his right arm and part of his left hand severed. The jury found for defendants. This appeal was taken from the order of the trial court denying plaintiff’s motion for a new trial.
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This case involves a constantly recurring confusion in the law as to when n master is liable to…
2Cases cited72 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- New York Central & Hudson River Railroad v. United StatesSupreme Court of the United States · 1909
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
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3Cited by29 opinions
- Kuehn v. WhiteCourt of Appeals of Washington · 1979
- Sandman v. HaganSupreme Court of Iowa · 1967
- Ploetz v. HoltSupreme Court of Minnesota · 1913
- Pettit Grain & Potato Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1948
- Kornec v. Mike Horse Mining & Milling Co.Montana Supreme Court · 1947
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