Moore v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,000 for personal injury. The complaint set out at length section 2071 •of the Supplement to the Iowa Code of 1907, as amended by Laws 1909, c. 124, and section 2072. The facts are stated in the opinion. The answer alleged that plaintiff’s injury was due to his own ■negligence and his failure to exercise ordinary care for his own safety. This allegation of the answer was expressly denied in the reply.
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Action in the district court for Ramsey county to recover $25,000 for personal injury. The complaint set out at length section 2071 •of the Supplement to the Iowa Code of 1907, as amended by Laws 1909, c. 124, and section 2072. The facts are stated in the opinion. The answer alleged that plaintiff’s injury was due to his own ■negligence and his failure to exercise ordinary care for his own safety. This allegation of the answer was expressly denied in the reply. The case was tried before Dickson, J"., who, when plaintiff rested, ■denied defendant’s motion to dismiss the action, and at the…
1Opinion of the CourtHallam, J.
Plaintiff was a brakeman on a freight train running between Des Moines and Fort Dodge, Iowa. The trip each way was a night trip and the crew rested by day. At Des Moines the caboose was set out on a short track known as stub track 3 in order that the members of the crew might sleep there. They did sleep there with the assent and approval of defendant. It appears that at times it was necessary to take the train out of Des Moines in sections as far as a station called Waukee, and on such days men were subject to call about 4 p. m.
The stub track 3 runs approximately east and west. To the south…
Also in this document: Per curiam.
2Cases cited11 opinions
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- International & Great Northern Railway Co. v. RyanTexas Supreme Court · 1891
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- Moyse v. Northern Pacific Railway Co.Montana Supreme Court · 1910
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3Cited by7 opinions
- Krause v. SwartwoodSupreme Court of Minnesota · 1928
- Hollister v. HinesSupreme Court of Minnesota · 1921
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Lawson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1928
2 more not listed; retrieve them via the Exa API.