Cousins v. Illinois Central Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of defendant. The answer denied that the injury was caused by any negligence on the part of defendant or its employees and alleged that the accident resulted from the negligence of plaintiff and that his negligence contributed to the accident. It also denied that at the time and place of the accident plaintiff was engaged in interstate commerce work.
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Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of defendant. The answer denied that the injury was caused by any negligence on the part of defendant or its employees and alleged that the accident resulted from the negligence of plaintiff and that his negligence contributed to the accident. It also denied that at the time and place of the accident plaintiff was engaged in interstate commerce work. The case was tried before Brill, J., and a jury which returned a verdict of $2,000 in favor of plaintiff. Defendant’s motion for…
1Opinion of the CourtBunn, J.
Plaintiff was a laborer employed by defendant in its yards and shops at Paducah, Kentucky. He brought this action to recover for personal injuries received while he was wheeling a barrow full of coal to one of the car repair shops. The coal was intended for use in heating stoves in a shop where employees of defendant were engaged in repairing cars. Four tracks entered this shop or shed, upon which tracks bad-order cars were placed and repaired. Defendant was engaged in interstate as well as intrastate commerce, and many if not all of the cars repaired in the shop were cars that moved only in…
2Cases cited4 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Peery v. Illinois Central RailroadSupreme Court of Minnesota · 1913
3Cited by12 opinions
- Chicago & North Western Railway Co. v. BolleSupreme Court of the United States · 1931
- Castonguay v. Grand Trunk Railway Co.Supreme Court of Vermont · 1917
- Allen v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1932
- Nash v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915
- Chesapeake & O. Ry. Co. v. RuckerCourt of Appeals of Kentucky (pre-1976) · 1932
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