Manning v. Chicago Great Western Railroad
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $30,000 for personal injury received while in the employ of defendant.
Read the full summary
Action in the district court for Blue Earth county to recover $30,000 for personal injury received while in the employ of defendant. The answer, among other matters, alleged that all the facts and conditions surrounding the accident, including the speed of the train, were open and obvious and known to plaintiff, and that he knew and appreciated whatever dangers were incident to his employment as locomotive fireman or involved in the act of jumping from the cab of his engine, and that he assumed the risks incident to his employment. The case was tried before Quinn, J., acting in place of the…
1Opinion of the CourtHallam, J.
Plaintiff, a locomotive fireman, sued to recover damages for injuries sustained while in service by reason of the derailment of the engine. He recovered a verdict. Defendant appeals from an alternative order for judgment or for a new trial.
It would seem from the record that defendant’s liability for the derailment was not very seriously contested. No evidence on this subject was offered by defendant. Nevertheless exception is taken to the instruction of the court on the subject.
1. Plaintiff’s evidence was that the train was running 35 miles an *231hour around a sharp curve, and that after the…
2Cases cited27 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brown v. St. Paul City Railway Co.Supreme Court of Minnesota · 1954
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Williams v. St. Louis-San Francisco RailroadSupreme Court of Missouri · 1935
- Lund v. OlsonSupreme Court of Minnesota · 1931
- Ryan v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1926
4 more not listed; retrieve them via the Exa API.