Mullan v. Wisconsin Central Co.
Supreme Court of Minnesota
Action brought in the district court for Eamsey county, to recover $5,000 damages for defendant’s failure to protect plaintiff from an assault and battery by a fellow-passenger on one of its trains.' Trial before Otis, J., who ordered a dismissal at the close of the evidence for plaintiff, who appeals from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
This action is brought against the defendant to recover damages for an assault committed upon plaintiff by a fellow-passenger on board of one of defendant’s cars. The plaintiff was a passenger, and entitled to protection as such. Railway carriers of passengers are bound to exercise the highest care and diligence in the conduct and management of their business, to prevent accidents or injuries to passengers on their trains. This is the general rule as applied to the ordinary discharge of their duties as carriers. In respect to the danger of injuries from the misconduct of fellow-passengers,…
2Cases cited3 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Weeks v. . N.Y., N.H. and H.R.R. Co.New York Court of Appeals · 1878
3Cited by11 opinions
- Sylvester v. Northwestern Hospital of MinneapolisSupreme Court of Minnesota · 1952
- Mastad v. BrethrenSupreme Court of Minnesota · 1901
- Fewings v. MendenhallSupreme Court of Minnesota · 1903
- Ruehling v. American Legion Pavilion, Inc.Supreme Court of Minnesota · 1959
- McWilliams v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1906
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