Morier v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Polk county, Stearns, J., presiding, refusing a new trial. cited 1 Addison on Torts, (Wood’s Ed.) 585; Althorp v. Wolfe, 22 N. Y. 355, 364; Lee v. Village of Sandy Hill, 40 N. Y. 442.
1Opinion of the CourtMitchell, J.
All the evidence in this case tends to prove that some section-men, under the charge of a section-foreman, were, in the em-defendant, engaged in repairing its railroad track near farm, on the 21st of October, 1882. While engaged in *352such work, they usually returned to their boarding-house for dinner, but on this day, their work being at some distance, they took their dinner with them. At noon, when they quit work to eat, they built a fire, or rekindled one which some other person had kindled, on defendant’s right of way, for the purpose of warming their coffee. After eating dinner, they…
2Cases cited1 opinion
- Chapman v. New York Central Rail RoadNew York Court of Appeals · 1865
3Cited by95 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Doran v. ThomsenSupreme Court of New Jersey · 1908
- Nesbitt v. Twin City Forge & Foundry Co.Supreme Court of Minnesota · 1920
- Mulliner v. Evangelischer DiakonniessenvereinSupreme Court of Minnesota · 1920
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