Legal Opinion

Ling v. St. Paul, Minneapolis & Manitoba Railway Co.

Supreme Court of Minnesota

Decided June 13, 1892PublishedCited by 12 opinions

Appeal by plaintiff, Charles N. Ling, from an order of the District Court of Clay County, Searle, J., made December 8,1891, denying his motion for a new trial.

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Appeal by plaintiff, Charles N. Ling, from an order of the District Court of Clay County, Searle, J., made December 8,1891, denying his motion for a new trial. The issues in this action were brought to trial on June 16, 1891. At a former trial had in June, 1890, plaintiff had a verdict for $12,-000. The defendant moved for a new trial, which was refused on the condition that plaintiff stipulate to reduce the verdict to $4,000. This he refused to do, and an order was entered granting a new trial. The facts are stated in the opinion of the court. Harty, the foreman of the boiler shop, and…

1Opinion of the CourtDickinson, J.

The circumstances of the injury suffered by the plaintiff, for which a recovery is sought in this action, may be thus stated in brief:

The plaintiff was in the service of the defendant, as a “boiler maker’s helper,’’ or assistant, at its repair shops at Barnesville, consisting, in part, of a machine shop, boiler shop, and blacksmith shop. Bach shop was in charge of a foreman, and there was a general foreman, over the whole. A locomotive upon which repairs were being made was standing in one of these shops, over a pit provided for convenience in working under locomotives. A flue sheet was to be…

2Cases cited6 opinions

  1. Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
  2. Lindvall v. WoodsSupreme Court of Minnesota · 1889
  3. Hefferen v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
  4. Brown v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
  5. Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Callan v. BullCalifornia Supreme Court · 1896
  2. Dixon v. Union IronworksSupreme Court of Minnesota · 1903
  3. Judson & Little v. TuckerCourt of Appeals of Texas · 1913
  4. Gittens v. William Porten Co.Supreme Court of Minnesota · 1903
  5. Grams v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905

7 more not listed; retrieve them via the Exa API.

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