Martyn v. Minnesota & International Railway Co.
Supreme Court of Minnesota
Action in the district .court for Ramsey county by plaintiff, a minor, by his guardian ad litem, to recover $25,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $5,000. From an order denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial, defendant appealed.
1Opinion of the Court
PER OURIAM.
This action is to recover for the alleged neglig-ence of one of defendant’s engineers while operating an engine in the railroad yards at Brainerd. The plaintiff, a switchman, had given a signal to the engineer to come ahead, which was observed. Plaintiff then attempted to step upon the engine by the aid of a handhold and stirrup, when the engineer, it is claimed, negligently increased its speed, causing it to jerk suddenly, which dislodged plaintiff’s grasp of the handhold, as well as his foot from the stirrup, whereby he fell upon the track and was run over. The usual questions of…
2Cited by1 opinion
- Martyn v. Minnesota & International Railway Co.Supreme Court of Minnesota · 1905