Sheedy v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, Milwaukee and St. Paul Railway Company, from a judgment of the District Court of Mower County, John Whytock, J., entered May 24, 1893, against it for $1,082.18. On September 24, 1891, Charles Dunlap was employed as brakeman upon a freight train on defendant’s road. While near Owa-tonna, going- north, he attempted to set a brake on a refrigerator car..
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Appeal by defendant, the Chicago, Milwaukee and St. Paul Railway Company, from a judgment of the District Court of Mower County, John Whytock, J., entered May 24, 1893, against it for $1,082.18. On September 24, 1891, Charles Dunlap was employed as brakeman upon a freight train on defendant’s road. While near Owa-tonna, going- north, he attempted to set a brake on a refrigerator car.. The eye bolt in the loop in lower end of the brake-staff: broke, detaching the chain and allowing the hand wheel on the upper end of the brake-staff to whirl suddenly around. He was thereby thrown off! between…
1Opinion of the CourtVanderburgh, J.
Plaintiff’s intestate was employed as a brakeman by the defendant, and on the 24th day of September, 1891, was engaged in the discharge of his duty as such on a freight train run: ning between Austin and Minneapolis, over its line of road, which left the former place about 3 o’clock in the morning. As the train approached Owatonna, thirty two miles north' of Austin, it became necessary to stop at the crossing of the line of the Winona & St. Peter Railroad, about one mile south of the last-named place. The train was running down grade, and about twenty five or thirty miles an hour, and while…
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