Smith v. St. Paul & Duluth, Railroad
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin, county, Young, J., presiding, setting aside a verdict in his favor of $4,000, and granting a new trial.
1Opinion of the CourtDicKinson, J.
The plaintiff, who was 20 years of age, was one of a crew of sectionmen on the defendant’s railroad. This action is pros-, ecuted to recover for an injury suffered by him while engaged in that employment. After a verdict for the plaintiff, the court, on motion of the defendant, granted a new trial. From that order this appeal, was taken.
The plaintiff, with others of the sectionmen and their foreman, had their hand-car at a switch where a side’or spur track connects with the main track of the railroad. A freight train came from the, south, and stopped, or nearly stopped, at this point. The…
2Cases cited3 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Johnson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
3Cited by8 opinions
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Steffenson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Pearson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Hanson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
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