Davis v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the guardian ad litem of plaintiff minor to recover $25,000 for personal injury received while in the employ of defendant. The ease was tried before Brill, J., who granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtHolt, J.
This action to recover damages for personal injuries is brought by plaintiff against his employer, a railway company, doing business as a common carrier. The evidence justified a finding that plaintiff up until 10:30 a. m. of the day of his injury was engaged in the duties of a rear brakeman on a railway freight train of the defendant, which train was carrying interstate commerce. The legal proposition is whether plaintiff at the time of his injury, some hours later, was under the protection of the Federal Employer’s Liability Act. If, as a matter of law, he was not, concededly the trial…
2Cases cited9 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Seaboard Air Line Railway v. PadgettSupreme Court of the United States · 1915
- Lamphere v. Oregon R. & Nav. Co.Court of Appeals for the Ninth Circuit · 1912
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3Cited by3 opinions
- Young v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
- Westcott v. Chicago Great Western RailroadSupreme Court of Minnesota · 1923
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1923