Legal Opinion

Polluck v. Minneapolis & St. Louis Railroad

South Dakota Supreme Court

Decided March 8, 1918No. File No. 4236PublishedCited by 4 opinions

Appeal from Circuit Count, Codington Cou'uty. Hon. Carl G. Sherwood, Judge. Action by Stanley Bolluck, against the Minneapolis & St. Louis Raii-lroald Golmphny, to recover for 'damages for personal injury.

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Appeal from Circuit Count, Codington Cou'uty. Hon. Carl G. Sherwood, Judge. Action by Stanley Bolluck, against the Minneapolis & St. Louis Raii-lroald Golmphny, to recover for 'damages for personal injury. From a judgment for plaintiff, -and from an order denying a ruew trial, defendant lappeial©. (i) To point one of fine opiniicln, Appellant cited': 26 Cyc. 970, 971; Hale v. Jofenisiom, 80 111. 185; Whitney & S'herron Co. v. O’Rourke, 50 N.-E. 242; Bailey on Personal Injuries, second ed., page 102; Humpton v. Uniter Eirker (Iowia) 66 N. W. 776: Loughen v. Heweis, 130 Gal. 116, 70 Par. 1065;…

1Opinion of the CourtGates, J.

On the evening of October 11, 19x5, plaintiff was injured at Watertown, S. D., by a locomotive of defendant .at an aish pit at the roundhouse of defendant. This action wias brought to recover for such injury under the federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, U. S. Comp. St. 1916, §§ 8657-8665, Fed. Stat. Ann. 1909 Supp. 584, the first section of which is as follows:

“Every common carrier by railroad while engaging in commerce between any of the several states * * * shall be liable in damages to -any person suffering injury while he is employed by such carrier in…

2Cases cited2 opinions

  1. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  2. Chicago, Rock Island & Pacific Railway Co. v. BondSupreme Court of the United States · 1916

3Cited by4 opinions

  1. Johnson v. Metropolitan Life InsuranceSouth Dakota Supreme Court · 1946
  2. Reynolds v. Addison Miller Co.Washington Supreme Court · 1927
  3. Polluck v. Minneapolis & St. Louis RailroadSouth Dakota Supreme Court · 1922
  4. Polluck v. Minneapolis & St. Louis RailroadSouth Dakota Supreme Court · 1921

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