Carlson v. Chicago Great Western Railroad
Supreme Court of Minnesota
Action in the district court for Goodhue county against defendant railroad company and John Dome to recover $35,000 for personal injuries. The complaint alleged defendants were negligent in leaving a truck loaded with freight within about twelve inches of the track on which defendant’s train was moving. The answer alleged contributory negligence on plaintiff’s part. The reply was a general denial.
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Action in the district court for Goodhue county against defendant railroad company and John Dome to recover $35,000 for personal injuries. The complaint alleged defendants were negligent in leaving a truck loaded with freight within about twelve inches of the track on which defendant’s train was moving. The answer alleged contributory negligence on plaintiff’s part. The reply was a general denial. The case was tried before Johnson, J., and a jury which returned a verdict in favor of plaintiff for $7,400. From an order denying defendant’s motion for judgment notwithstanding the verdict or for…
1Opinion of the CourtSimpson, J.
This action was brought to recover damages for personal injuries sustained by plaintiff while in the defendant railway company’s employ as a brakeman. On the evening of April 21, 1910, the defendant Dome., a freight handler at' the station, and trainmen, other than plaintiff, had unloaded some freight from a car onto a truck at Randolph. The loaded truck was left standing between two parallel Y tracks west of the depot. The truck was about three feet wide. The tracks were fifteen feet-four inches apart between'the inner rails. Leaving the truck in this place was unusual. No artificial lights…
2Cases cited1 opinion
- Johnson v. HowardSupreme Court of Minnesota · 1879
3Cited by4 opinions
- Village of Aurora v. Commissioner of TaxationSupreme Court of Minnesota · 1944
- Oliver Iron Mining Co. v. Commissioner of TaxationSupreme Court of Minnesota · 1956
- Bardsley v. IPEC, INC.Court of Appeals of Minnesota · 1986
- Cramer v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916