McDonald v. Railway Transfer Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $10,000 for personal injury. The negligence alleged in the complaint is stated at the beginning of the fifth paragraph of the opinion.
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Action in the district court for Hennepin county to recover $10,000 for personal injury. The negligence alleged in the complaint is stated at the beginning of the fifth paragraph of the opinion. The complaint also alleged that plaintiff never had any means of knowing that the switch stand was located in such close proximity to track 4, or that the lever attached to it would, when set for track 3, extend out so far toward track 4 as to make it dangerous to one riding a car on track 4. The defense was contributory negligence on the part of plaintiff and assumption of risk by him. The case was…
1Opinion of the CourtHolt, J.
This appeal is from a judgment rendered against defendant in a personal injury action. There was no motion for a new trial; therefore the only question that can be raised is: Was defendant, upon the pleadings and evidence, entitled to a judgment in its favor ?
In the milling district of Minneapolis defendant maintains extensive switchyards. From one of its lead tracks, 17 switch tracks diverge. This lead track runs substantially east and west. The diverging switch tracks are numbered from 1 to 17, and run parallel and as close together as' is practicable for operation. The switches for tracks…
2Cases cited1 opinion
- Denoyer v. Railway Transfer Co.Supreme Court of Minnesota · 1913
3Cited by7 opinions
- Easter v. Virginian Railway Co.West Virginia Supreme Court · 1915
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. TuckerCourt of Appeals of Kentucky · 1916
- Wiles v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Outcelt v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1921
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. EdwardsIndiana Supreme Court · 1921
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