Martyn v. Minnesota & International Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,000 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $6,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
The facts in this case are as follows: Plaintiff was a switchman in the employ of defendant in its yards at Brainérd, and had been in such service for about five months at the time of the accident complained of. His duties had been performed in connection with an ordinary switch engine, equipped with footboards on which the switchman rode when the engine was in motion. His railroad experience was wholly limited to this particular service, and he had never worked with or about an engine used in operating trains, referred to in the record as a “road”' engine. On the day in question the switch…
2Cases cited5 opinions
- Minneapolis Sash & Door Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- Swenson v. ErlandsonSupreme Court of Minnesota · 1902
- Brennan Lumber Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
- Baxter v. Covenant Mutual Life Ass'nSupreme Court of Minnesota · 1900
- Martyn v. Minnesota & International Railway Co.Supreme Court of Minnesota · 1904
3Cited by4 opinions
- Perkins v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- McDonald v. Great Northern Railway Co.Supreme Court of Minnesota · 1926
- Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Reid v. Northwestern Fuel Co.Supreme Court of Minnesota · 1911