Boss v. Northern Pacific Railroad
North Dakota Supreme Court
PPPJAL from district court, Cass county; Hon. William B. McConnell, Judge. Action by Herman Boss against tbe Northern Pacific Bail-road Company for personal injuries. Verdict and judgment for plaintiff. Defendant appeals.
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PPPJAL from district court, Cass county; Hon. William B. McConnell, Judge. Action by Herman Boss against tbe Northern Pacific Bail-road Company for personal injuries. Verdict and judgment for plaintiff. Defendant appeals. Bailroad companies have the unrestricted right to put up structures on their right of way whenever and wherever they see fit, subject only to liability for such injuries as are caused by such structures to employes while engaged in their proper sphere of duty and to passengers while riding in their proper places on the cars. Gibson v. Bailroad Co., 63 N. Y. 449; Bandall v.…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
On the 15th day of December, 1885, plaintiff was in the employ of defendant as a section hand, and was engaged in unloading wood in defendant’s yards at Eargo. On that day, and while riding on one of defendant’s trains from the round house to the depot — a distance of about one mile— plaintiff was struck by a switch signal, and knocked from the train, and injured. This action was brought to recover damages for such injury. The train on which plaintiff was riding was known as the “Jamestown accommodation.” It consisted of an engine,…
2Cases cited17 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Pastene v. AdamsCalifornia Supreme Court · 1874
- Baltimore & Ohio & Chicago Railroad v. RowanIndiana Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wolff v. LightNorth Dakota Supreme Court · 1968
- Kenna v. So-Fro Fabrics, Inc.Court of Appeals for the Eighth Circuit · 1994
- Olson v. Cass County Electric Co-Operative, Inc.North Dakota Supreme Court · 1959
- Vick v. FanningNorth Dakota Supreme Court · 1964
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ParishIndiana Court of Appeals · 1902
9 more not listed; retrieve them via the Exa API.