Sherman v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial, after a verdict for plaintiff. cited Hughes v. Winona dc St. P. R. Co., 27 Minn. 137; Fleming v. St. Paul & Duluth R. Co., 27 Minn. Ill; Walsh v. St. Paul & Duluth R. Co., 27 Minn. 367; Clark v. St. Paul é S. C. R. Co., 28 Minn. 128; Gates v. Southern Minn. Ry. Co., 28 Minn. 110; Morse v. Minn. & St. L. Ry. Co., 30 Minn. 465; Sullivan v. India Mfg.
Read the full summary
Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial, after a verdict for plaintiff. cited Hughes v. Winona dc St. P. R. Co., 27 Minn. 137; Fleming v. St. Paul & Duluth R. Co., 27 Minn. Ill; Walsh v. St. Paul & Duluth R. Co., 27 Minn. 367; Clark v. St. Paul é S. C. R. Co., 28 Minn. 128; Gates v. Southern Minn. Ry. Co., 28 Minn. 110; Morse v. Minn. & St. L. Ry. Co., 30 Minn. 465; Sullivan v. India Mfg. Co., 113 Mass. 396; Ladd v. New Bed-ford R. Co., 119 Mass. 412; De Forest v. Jewett, 88 N. Y. 264; Mansfield v. McEnery, 91…
1Opinion of the CourtGilfillan, C. J.
The evidence in this case is such as to sustain a finding that defendant was negligent in not having protected the frog, or the space between the main rail and guard rail, where the deceased was killed. Such places unprotected are places of very great danger, especially to men employed in coupling or uncoupling cars, and it is the duty of a railroad company to guard its employes against the danger, if there be reasonably practicable means for doing so known to it, or which, in the use of proper diligence, intelligence, and care, may be known to it; and the evidence for the plaintiff clearly…
2Cases cited1 opinion
- Hughes v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
3Cited by6 opinions
- Wilson v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1887
- Craver v. ChristianSupreme Court of Minnesota · 1887
- Grand Trunk Western Railway Co. v. MelroseIndiana Supreme Court · 1906
- Smith v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1889
- Bengtson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
1 more not listed; retrieve them via the Exa API.