Legal Opinion

Oviatt v. Dakota Central Railway Co.

Supreme Court of Minnesota

Decided May 19, 1890PublishedCited by 10 opinions

Action for personal injuries received in the territory of Dakota. The defendant appeals from an order of the district court for Lyon county, Webber, J., presiding, refusing a new trial after verdict of $1,500 for plaintiff.

1Opinion of the CourtMitchell, J.

This was an action to recover damages for personal injuries sustained by plaintiff while a passenger on defendant’s train. The injury was caused by the breaking in two of the train on a down grade west of De Smet. The engineer, being unaware of the break, fan his engine, with the front part of the train, down to the water-tank, and stopped, when the rear part came down against it, with accelerating speed, causing a severe concussion, which threw the plaintiff from his seat in a passenger coach in the rear, and seriously injured him. Various acts of negligence were charged against the company…

2Cited by10 opinions

  1. People ex rel. Cantrell v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1898
  2. Hall v. MurdockMichigan Supreme Court · 1897
  3. Southern Railway Co. v. CunninghamSupreme Court of Georgia · 1905
  4. Fieve v. EmmeckSupreme Court of Minnesota · 1956
  5. Campbell v. Duluth & Northeastern RailroadSupreme Court of Minnesota · 1909

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