Flanders v. Chicago, St. Paul, M. & O. Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, The Chicago, St. Paul, Minneapolis & Omaha Bailway Company, from an order of the District Court of Bamsey County, Brill, J., made June 27, 1892, refusing a new trial. This action was brought by the plaintiff, George B. Flanders, against the defendant Bailway Company, to recover for personal injuries received by him as stated in the opinion.
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Appeal by defendant, The Chicago, St. Paul, Minneapolis & Omaha Bailway Company, from an order of the District Court of Bamsey County, Brill, J., made June 27, 1892, refusing a new trial. This action was brought by the plaintiff, George B. Flanders, against the defendant Bailway Company, to recover for personal injuries received by him as stated in the opinion. Issue was joined, and the case tried March 29, 1892. The jury rendered a verdict for the plaintiff and assessed his damages at $10,000. The defendant made a motion for a new trial, which was denied, and it appeals. . The first question…
1Opinion of the CourtMitchell, J.
As is usual in actions of this class, the two main issues in the ease were: (1) Was the defendant guilty of negligence ? (2) Was the plaintiff guilty of contributory negligence ?
On both points the evidence presented a case for the jury. There was really no conflict of evidence, all the material facts and circumstances being practically undisputed.
At the date of the accident the plaintiff was in the employ of the defendant as a brakeman on a freight train which passed through Shakopee. He had been in defendant’s employ only three days, and was not familiar with the route, having made only one…
2Cases cited5 opinions
- Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
- O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
- Kolsti v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Doyle v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- Larson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
3Cited by16 opinions
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- San Antonio & Aransas Pass Railway Co. v. EngelhornCourt of Appeals of Texas · 1900
- Chicago, M. & St. P. Ry. Co. v. CarpenterCourt of Appeals for the Eighth Circuit · 1893
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