Russell v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover for personal injuries received by him, as brakeman in the employment of defendant, in coupling a car and locomotive tender. At the trial before Lochren, J., and a jury the plaintiff had a verdict for $10,500. Defendant appeals from an order refusing a new trial. The case is stated in the opinion.
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Plaintiff brought this action in the district court for Hennepin county, to recover for personal injuries received by him, as brakeman in the employment of defendant, in coupling a car and locomotive tender. At the trial before Lochren, J., and a jury the plaintiff had a verdict for $10,500. Defendant appeals from an order refusing a new trial. The case is stated in the opinion. The plaintiff, in entering into the employment of the defendant, impliedly contracted (1) that he possessed the ordinary skill and experience of those engaged in the occupation he undertook; (2) that he would exercise…
1Opinion of the CourtMitchell, J.
The injury complained of was sustained by plaintiff while in the discharge of his duties as brakeman on a “mixed” train on defendant’s road, while coupling a “combination” or baggage car to the tender of a freight engine. The baggage car was equipped with a “Miller” coupler, while the engine had only an ordinary coupling, such as is used on freight cars. The Miller coupler, which has a certain amount of lateral motion, slipped past the draw-head on the tender, and thus permitted the two cars to come so close together as to crush the plaintiff, who was standing between them in the act of…
2Cases cited6 opinions
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
- Hathaway v. Michigan Central R. R.Michigan Supreme Court · 1883
- Toledo, Wabash & Western Railway Co. v. BlackIllinois Supreme Court · 1878
- Clark v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Wuotilla v. Duluth Lumber Co.Supreme Court of Minnesota · 1887
- Atchison, Topeka & Santa Fe Railway Co. v. BancordSupreme Court of Kansas · 1903
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
34 more not listed; retrieve them via the Exa API.