Olson v. Pennsylvania & Ohio Fuel Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county against Pennsylvania & Ohio Fuel Company, Chicago Great Western Railway Company, Eastern Railway Company of Minnesota, and John Elliot Bowles, as receiver of Duluth Transfer Railway Company, to recover $7,450 for personal injuries. From orders, Moer, J., and Cant, J., overruling separate demurrers to the complaint, defendants Chicago Great Western Railway Company and Eastern Railway Company of Minnesota appealed.
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Action in the district court for St. Louis county against Pennsylvania & Ohio Fuel Company, Chicago Great Western Railway Company, Eastern Railway Company of Minnesota, and John Elliot Bowles, as receiver of Duluth Transfer Railway Company, to recover $7,450 for personal injuries. From orders, Moer, J., and Cant, J., overruling separate demurrers to the complaint, defendants Chicago Great Western Railway Company and Eastern Railway Company of Minnesota appealed. Defendant was under no duty to inspect and repair the car as regards plaintiff. Roddy v. Missouri, 104 Mo. 234; Curtain v. Somerset,…
1Opinion of the Court
START, c. J.1
The here material facts alleged in the complaint herein are these: The defendant fuel company during all the times stated in the complaint owned and operated a coal dock at the city of Duluth, with railroad tracks which were connected with the main tracks of the Duluth Transfer Railway Company, which were in the control of the defendant Bowles as receiver of such transfer company. During such times the defendant the Chicago Great Western Railway Company was a common carrier of freight and passengers, and owned and operated a railway line in this state, and owned and used a…
2Cases cited2 opinions
- Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
- Hoosier Stone Co. v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1892
3Cited by2 opinions
- Teal v. American Mining Co.Supreme Court of Minnesota · 1901
- Sykes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1901