Anderson v. Great Northern Railway Co.
Supreme Court of Minnesota
From an order of the district court for Norman county, Ives, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $300, defendant appealed. The court erred in allowing plaintiff to give his opinion as to the practicability or possibility of performing the work in which he was engaged, without being warned by the man who worked and operated the track jack. See Couch v. Charlotte, 22 So.
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From an order of the district court for Norman county, Ives, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $300, defendant appealed. The court erred in allowing plaintiff to give his opinion as to the practicability or possibility of performing the work in which he was engaged, without being warned by the man who worked and operated the track jack. See Couch v. Charlotte, 22 So. C. 557; Way v. Illinois, 40 Iowa, 341; City v. Sherwood, 39 Kan. 690; Lawson v. Chicago, 64 Wis. 447; Weeks v. Town, 54 Yt. 638; Bliss v. Inhabitants, 8 Allen, 564; Kelley v. Town, 31…
1Opinion of the CourtStart, C. J.
The plaintiff was one of a crew of men working for the defendant in repairing its roadbed, which had been washed out by high water. The ties and rails where the washout occurred were blocked up by timbers, so that trains continued to run notwithstanding the break in the roadbed. Dirt and gravel were dumped in to fill the break, and the plaintiff was at work, with his fellow servants, shoveling the dirt and gravel, in order to remove the timbers that temporarily supported the track. In this work of removal one side of the track was raised by a track jack, operated by a lever, by one of the…
2Cases cited1 opinion
- Blomquist v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
3Cited by7 opinions
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Tay v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1907
- Kreuzer v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- Christiansen v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1909
- Hanson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
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