Cherpeski v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Lyon county to recover $20,000 for injuries received while in defendant’s employ. The case was tried before Olsen, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $5,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the Court
Dibell, C.
Action to recover for personal injuries sustained by the plaintiff while in the employ of the defendant. There was a verdict for the plaintiff. The defendant appeals from the order denying its alternative motion for judgment or for a new trial.
The questions are:(1) Was the plaintiff employed in interstate commerce within the Federal Employer’s Liability Act (35 St. 65) ?(2) Does the evidence justify a finding that he was injured by the negligence of his fellow servants while loading a rail, which had been taken out of the track, onto a flat car?(3) Was the evidence of certain…
2Cases cited5 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Central R. of New Jersey v. ColasurdoCourt of Appeals for the Second Circuit · 1911
- Horton v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1913
3Cited by18 opinions
- State v. EmersonSupreme Court of Minnesota · 1963
- Kusturin v. Chicago & Alton RailroadIllinois Supreme Court · 1919
- McGinty v. Brotherhood of Railway TrainmenWisconsin Supreme Court · 1917
- Travelers' Ins. Co. of Hartford v. BergeronCourt of Appeals for the Eighth Circuit · 1928
- Hierl v. McClureSupreme Court of Minnesota · 1953
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