Schneider v. Chicago, Burlington & Northern Railroad
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county, to recover for injuries caused by alleged negligence of the defendant. Plaintiff was fireman on a locomotive attached to a train of gravel cars employed in filling a low piece of ground in the construction of defendant’s yards at St. Paul, the train working on a temporary construction track, which was moved from time to time as the filling progressed.
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Plaintiff brought this action in the district court for Ramsey county, to recover for injuries caused by alleged negligence of the defendant. Plaintiff was fireman on a locomotive attached to a train of gravel cars employed in filling a low piece of ground in the construction of defendant’s yards at St. Paul, the train working on a temporary construction track, which was moved from time to time as the filling progressed. The gravel train, consisting of fiat cars, was loaded at a gravel pit by a steam shovel. The engine then pulled the train to the place for unloading. Here there was attached…
1Opinion of the Court
Gtlfillan, C. J.1
The questions of defendant’s negligence, and contributory negligence of plaintiff, were on the evidence for the jury, and their finding was warranted by the evidence. The eighth assignment of error, based on the court’s refusal to charge that “if the jury find that the engineer blew the whistle before starting the engine, then the plaintiff cannot recover,” involves the question raised by the court receiving the general verdict, when the jury could not agree upon the special question submitted to them, “Did the engineer Minehan sound his whistle before starting his engine,…
2Cases cited1 opinion
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
3Cited by16 opinions
- Pigeon v. W. P. Fuller & Co.California Supreme Court · 1909
- Russell v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Kline v. Minnesota Iron Co.Supreme Court of Minnesota · 1904
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