Le Clair v. First Division of the St. Paul & Pacific Railroad
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Ramsey county, to recover damages for injuries sustained by him while employed in the service of the defendant.
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The plaintiff brought this action in the district court for Ramsey county, to recover damages for injuries sustained by him while employed in the service of the defendant. It is alleged that the injuries were caused to plaintiff by being crushed between a tender and a car which he was attempting to couple together, in the course of his duty, without any negligence on his part, solely by reason of the defendant’s negligence in allowing the coupling arrangements to beso improperly constructed, and so out of repair and order, that the said car and tender could not be coupled, of which negligence…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The instructions of the court to the jury were sufficiently favorable to the defendant. The court stated, “ that to the general rule, that one servant cannot recover damages from his employers for injuries occasioned by the negligence of his fellow servants, there are two exceptions : the first is where the employer is at fault in not employing safe and competent servants; the second is where the employer is at fault in employing defective machinery.” The defendant excepted to this statement, and in support thereof contends that the charge was too broad, because…
2Cases cited1 opinion
- McComb v. BellSupreme Court of Minnesota · 1858
3Cited by15 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
- Lorenz v. City of New OrleansSupreme Court of Louisiana · 1905
- Harvey v. Alturas Gold Mining Co.Idaho Supreme Court · 1893
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