Northern Pac. R. v. Mortenson
Court of Appeals for the Eighth Circuit
In Error to tbe Circuit Court of tbe United States for tbe District of Minnesota. This was an action by Andrew Mortenson against tbe Northern Pacific Railroad Company to recover damages for personal injuries. Verdict and judgment were given for plaintiff, and defendant sued out this writ of error.
1Opinion of the Court
CALDWELL, Circuit Judge.
The defendant in error was in the employ of the plaintiff in error as head brakeman on a, freight 'train mmiing between Brainerd, Winn., and Fargo, 17. D. In making this trip the train crossed a bridge having overhead tie beams. This bridge was within the limits of the company’s yards at Fargo. The duties of the defendant in error required him to be upon the top of his train while passing through 1he Fargo yards and over this bridge. .His usual position was on top of the second or third car from the engine, and he had to stand on the running board of (he car in a…
2Cases cited4 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Chicago, M. & St. P. Ry. Co. v. CarpenterCourt of Appeals for the Eighth Circuit · 1893
- Illinois Cent. R. v. FoleyCourt of Appeals for the Eighth Circuit · 1892
3Cited by6 opinions
- Proechel v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- King v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1907
- Northern Pac. R. v. TeeterCourt of Appeals for the Eighth Circuit · 1894
- Myers v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1899
- Northern Pac. Ry. v. PerryCourt of Appeals for the Ninth Circuit · 1902
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