Legal Opinion

Kommerstad v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided January 31, 1913No. Nos. 17,827—(187)PublishedCited by 9 opinions

Action in the district court for Lyon county to recover $30,000 for personal injury. The facts are stated in the opinion. The defendant demurred to the complaint for the reason that on its face it did: not state facts sufficient to constitute a cause of action. The demurrer was overruled, Olsen, J. From the order overruling the demurrer, defendant appealed.

1Opinion of the CourtHallam, J.

This is an appeal from an order overruling a demurrer to plaintiff’s complaint. Plaintiff alleges that he was in the employ of the-defendant as a section man cutting grass upon defendant’s right of way; that defendant failed to fence its track as required by law; that by reason thereof a horse strayed upon the track near where plaintiff was employed; that while on the track it was struck by a train of defendant and thrown against plaintiff. It is further alleged! “that said defendant negligently, recklessly, and carelessly ran said train at a high and dangerous rate of speed; * * * that said!…

2Cases cited8 opinions

  1. Carroll v. Minnesota Valley RailroadSupreme Court of Minnesota · 1869
  2. Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
  3. Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
  4. Wallin v. Eastern Railway Co.Supreme Court of Minnesota · 1901
  5. Boyer v. Eastern Railway Co.Supreme Court of Minnesota · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Geiger v. Simpson Methodist-Episcopal ChurchSupreme Court of Minnesota · 1928
  2. Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1923
  3. Liberty Mutual Insurance v. Great Northern Railway Co.Supreme Court of Minnesota · 1928
  4. Wildwood Mink Ranch v. United StatesDistrict Court, D. Minnesota · 1963
  5. Garraghty v. HartsteinNorth Dakota Supreme Court · 1913

4 more not listed; retrieve them via the Exa API.

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