Johnson v. St. Paul & Duluth Railroad
Supreme Court of Minnesota
Action brought in the district court for St. Louis county, to recover !$10,250 for personal injuries. Trial before Stearns, J., who ordered » dismissal at the close of plaintiff’s case. Appeal by plaintiff from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
The injury to plaintiff having been caused by the negligence of his fellow-servant, he cannot recover, unless under Laws 1887, c. 13. In Lavallee v. St. Paul, M. & M. Ry. Co., 40 Minn. 249, (41 N. W. Rep. 974,) in which this statute was very fully considered. we held that it applied only to the peculiar hazards incident to the use and operation of railroads; that it must be construed as designed exclusively for the benefit of those who are in the course of their employment exposed to such hazards, and whose injuries are caused by them. And the more we consider the question the more are we…
2Cases cited2 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
3Cited by57 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
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