Magers v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $10,-000 for personal injuries. The facts are stated in the opinion. The answer alleged that plaintiff’s injuries, if any, were due to risks and dangers he had voluntarily assumed and were directly caused by his own negligence. The reply denied the allegations of the answer.
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Action in the district court for Hennepin county to recover $10,-000 for personal injuries. The facts are stated in the opinion. The answer alleged that plaintiff’s injuries, if any, were due to risks and dangers he had voluntarily assumed and were directly caused by his own negligence. The reply denied the allegations of the answer. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $1,250. Defendant moved for judgment notwithstanding the verdict or for a new trial. The motion for judgment was granted. From the order directing judgment…
1Opinion of the CourtO’Brien, J.
Plaintiff was a member of a switching crew employed in defendant’s yard at Minneapolis. The yard ran east and west, and contained, amongst others, tracks 11 and 12. There was a slight grade in the yard, declining towards the west. The engine had been attached head on to four box cars on track 11, which it pulled eastwardly beyond the switch and then pushed westwardly upon track 12. Plaintiff testified that at the time of this movement he took a standing position upon the top and about the center of the most westwardly car, which was about thirty-six feet in length. There were several cars…
2Cases cited1 opinion
- Blomquist v. Minneapolis Furniture Co.Supreme Court of Minnesota · 1910
3Cited by1 opinion
- Daily v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1915