Cunningham v. Chicago, M. & St. P. R. Co.
U.S. Circuit Court for the District of Minnesota
At Law. This is an action brought by Mrs. Mary Cunningham to recover the sum of $5,000 damages for the death of Thomas McCarthy, the son of this plaintiff; which was caused by his being run over by a switch-engine, while he was in the employ of this defendant as such yardman. Defendant sets up contributory negligence as a defense.
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At Law. This is an action brought by Mrs. Mary Cunningham to recover the sum of $5,000 damages for the death of Thomas McCarthy, the son of this plaintiff; which was caused by his being run over by a switch-engine, while he was in the employ of this defendant as such yardman. Defendant sets up contributory negligence as a defense. The complaint alleges that the deceased was engaged in the employ of the defendant as yardman, in the city of St. Paul, and that it was necessary for him as such yardman to get on and off cars and engines while the same were in motion; that the engines in use for…
1Opinion of the Court
Mtjyleb, Justice,
(charging jury.) The case before you presents two questions of fact to consider. Tlie first is, whether the railroad company exercised due care and diligence in regard to the character of this engine ou which the accident occurred. The main question in that respect, I think, turns upon whether there was negligence— carelessness—in starting that engine out, (it having been originally not a very good one,) with the want of this rail that was torn off the night before. It is tlie duty of these railroad companies, both with regard to passengers and to their own employes, to take…
2Cited by13 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
- H. D. Williams Cooperage Co. v. HeadrickCourt of Appeals for the Eighth Circuit · 1908
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