Marinos v. Chicago & Northwestern Railway Co.
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $20,000 for injuries received when thrown from a gasolene band-car. Tbe amended answer alleged that plaintiff’s injuries were caused by his own negligence or that of his co-employees. The ease was tried before Leary, J., who at the close of the testimony denied plaintiff’s motion to dismiss the action and granted defendant’s motion for a directed verdict.
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Action in tbe district court for Hennepin county to recover $20,000 for injuries received when thrown from a gasolene band-car. Tbe amended answer alleged that plaintiff’s injuries were caused by his own negligence or that of his co-employees. The ease was tried before Leary, J., who at the close of the testimony denied plaintiff’s motion to dismiss the action and granted defendant’s motion for a directed verdict. From an order denying Ms motion for a new trial, plaintiff appealed.
1Opinion of the CourtDibell, J.
Action for personal injuries. The court directed a verdict for the defendant. The plaintiff appeals from the order denying Ms motion for a new trial.
1. The plaintiff was working on the defendant’s road near Henry, some SO miles west of Watertown, South Dakota, resurfacing the track. The railroad supplied the usual bunk cars, wMeh were put on a siding conveniently near to the work, and the men lived there and boarded themselves. The plaintiff worked on the basis of $2.25 for ten hours. His contract was for no fixed period. He was a day laborer. He worked on September 17, 1917. At night he and…
2Cases cited17 opinions
- Beard v. KlusmeierCourt of Appeals of Kentucky · 1914
- Patnode v. FooteAppellate Division of the Supreme Court of the State of New York · 1912
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Barrett v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
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3Cited by1 opinion
- Fraser v. Great Northern Railway Co.Supreme Court of Minnesota · 1926