Pugh v. Winona & St. Peter Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Olmsted county, Start, J., presiding, refusing to require plaintiff to make his complaint more definite and certain. The case is stated in the opinion. The order is .appealable. Lovejoy v. Morrison, 10 Minn. 108, (136;) Starbuck v. Dunklee, 10 Minn. 136, (168;) Bice v. First Div., etc., R. Go., 24 Minn. 447; Stanley v. City of Davenport, 54 Iowa, 463; Ar-ríela v. Morrissey, 1 Abb. Pr.
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Appeal by defendant from an order of the district court for Olmsted county, Start, J., presiding, refusing to require plaintiff to make his complaint more definite and certain. The case is stated in the opinion. The order is .appealable. Lovejoy v. Morrison, 10 Minn. 108, (136;) Starbuck v. Dunklee, 10 Minn. 136, (168;) Bice v. First Div., etc., R. Go., 24 Minn. 447; Stanley v. City of Davenport, 54 Iowa, 463; Ar-ríela v. Morrissey, 1 Abb. Pr. (N. S.) 439; Culver v. Hollister, 17 Abb. Pr. 405; Clark v. Langwortlvy, 12 Wis. 441; Horn v. Luding-ton, 28 Wis. 81. The court erred in denying the…
1Opinion of the CourtDicKInson, J.
The plaintiff, an employe of the defendant, was injured, as appears from the complaint, by reason of a loaded freight car, upon which plaintiff was engaged as brakeman, running off the track. The complaint alleges that the car had been sent loaded from Pittsburgh, Pennsylvania, and in course of transit to its destination was received by the defendant upon its line of road, and was being run thereon by the defendant when the aebident occurred. The complaint alleges that when the car was received by the defendant, and from that time until the accident occurred, it “was in abad, damaged, worn,…
2Cases cited1 opinion
- County of Chicago v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
3Cited by7 opinions
- American Book Co. v. Kingdom Publishing Co.Supreme Court of Minnesota · 1898
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- Lovering v. Webb Publishing Co.Supreme Court of Minnesota · 1909
- Madden v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- State v. O'BrienSupreme Court of Minnesota · 1901
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