Foster v. Minnesota Central Railway Co.
Supreme Court of Minnesota
This action was commenced in the District Court for Steele County, to recover damages for personal injuries to the plaintiff, caused, as alleged in the complaint, by the negligence and carelessness of defendant’s servants, in so piling wood upon the tender attached to au engine, and in so running a train of cars on defendant’s road, that a stick of wood was thrown from the tender, striking plaintiff upon the head as he was standing within about twenty feet of the track,…
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This action was commenced in the District Court for Steele County, to recover damages for personal injuries to the plaintiff, caused, as alleged in the complaint, by the negligence and carelessness of defendant’s servants, in so piling wood upon the tender attached to au engine, and in so running a train of cars on defendant’s road, that a stick of wood was thrown from the tender, striking plaintiff upon the head as he was standing within about twenty feet of the track, fracturing his skull and rendering him permanently blind. ’ The defendant answered, setting up, among other things, for a…
1Opinion of the Court
By the Court.
Beret, J.
The plaintiff brings this action to recover damages for personal injuries to himself, caused by the alleged negligence of the defendant’s servants. It appears from the pleadings, case and stipulation, that the plaintiff at the time the injury was sustained, was a common laborer in the employ of the defendant as a section man, engaged in repairing defendant’s railway trade; that he was not on the train, nor in any way connected with the running of the same.
The injuries complained of are alleged to have been occasioned by the negligence and carelessness of defendant’s…
2Cases cited15 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Noyes v. SmithSupreme Court of Vermont · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Hall v. TierneySupreme Court of Minnesota · 1903
- South Florida Railroad v. WeeseSupreme Court of Florida · 1893
- Brown v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
8 more not listed; retrieve them via the Exa API.