Gates v. Southern Minnesota Railway Co.
Supreme Court of Minnesota
Plaintiff’s intestate was employed by defendant as fireman on a locomotive, and was, on August 27,1877, while in defendant’s employ, killed by an accident on defendant’s road. It appeared from the evidence that,, at the place where the accident occurred, there had been a washout the day before, and sand had been washed upon the track.
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Plaintiff’s intestate was employed by defendant as fireman on a locomotive, and was, on August 27,1877, while in defendant’s employ, killed by an accident on defendant’s road. It appeared from the evidence that,, at the place where the accident occurred, there had been a washout the day before, and sand had been washed upon the track. The locomotive, to which were attached flat cars loaded with piles, was thrown from the track, and the piles were thrown upon ■deceased, crushing him to death. This action was commenced in the district court for Houston •county, to recover damages for causing…
1Opinion of the CourtGtletlijAN, C. J.
The evidence in this case was such that the question of defendant’s negligence, and of contributory negligence on the part of plaintiff’s intestate, was for the jury to determine; and it was not such that we can say the danger which caused his death was one of those which intestate knew, or which, in the exercise of proper care, he might have known, to be one of those incident to the employment that he was engaged in, and the risks of which he had assumed. In all respects the case was a proper one for a jury. But the charge of the court was likely to mislead the jury into applying a .more…
2Cases cited2 opinions
- Drymala v. ThompsonSupreme Court of Minnesota · 1879
- Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
3Cited by7 opinions
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- McDonough v. LanpherSupreme Court of Minnesota · 1893
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- Central Railroad & Banking Co. v. KentSupreme Court of Georgia · 1891
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