Legal Opinion

Bruckman v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided March 11, 1910No. Nos. 16,424—(207)PublishedCited by 16 opinions

Action, in the district court for Eamsey county under sections 1816, 4255 and 4256 of the statutes of Wisconsin by the special administratrix of the estate of William Bruckman, deceased, to recover $5,000 for the death of her intestate. The facts are stated in the opinion. The answer alleged that decedent’s death was caused by his own negligence and that the risks and hazards incident to his employment were assumed by him when he entered the service of defendant.

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Action, in the district court for Eamsey county under sections 1816, 4255 and 4256 of the statutes of Wisconsin by the special administratrix of the estate of William Bruckman, deceased, to recover $5,000 for the death of her intestate. The facts are stated in the opinion. The answer alleged that decedent’s death was caused by his own negligence and that the risks and hazards incident to his employment were assumed by him when he entered the service of defendant. The ease was tried before Bunn, J., who directed a verdict in favor of defendant. From an order denying plaintiff’s motion for a…

1Opinion of the CourtO’Brien, J.

The plaintiff’s intestate, William Bruckman, was accidentally killed the night of May 13, 1907, while employed as the head brakeman in a switching crew in defendant’s yards at Spooner, Wisconsin. The tracks in the yard ran north and south upon a grade lowering towards the south. The night was very dark, with a slight rain or drizzle falling. An engine was attached to the north end of a train of cars standing upon track No. 4, and moved north with the Fain be*309yond certain switches. The most southerly car was then detached and shunted upon track 3, after which the next four cars were detached…

2Cases cited2 opinions

  1. Moores v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
  2. Rogers v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1906

3Cited by16 opinions

  1. Maher v. Duluth Yellow Cab Co.Supreme Court of Minnesota · 1927
  2. Mitton v. Cargill Elevator Co.Supreme Court of Minnesota · 1913
  3. Alling v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1923
  4. McNamee v. HinesSupreme Court of Minnesota · 1921
  5. MacIntosh v. Great Northern Railway Co.Supreme Court of Minnesota · 1922

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