Wallin v. Eastern Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint. Plaintiff and bis companions were not, at tbe time of tbe accident, engaged in tbe discharge of tbeir duties under tbeir employment. Tbe case is not distinguishable from Benson v. Chicago, St. P., M. & 0. Ry.
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Appeal by defendant from an order of tbe district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint. Plaintiff and bis companions were not, at tbe time of tbe accident, engaged in tbe discharge of tbeir duties under tbeir employment. Tbe case is not distinguishable from Benson v. Chicago, St. P., M. & 0. Ry. Co., 78 Minn. 303. There is no merit in the contention that defendant bad made no rule regulating the use of band cars so as to prevent tbe operators of one from running against and colliding with another: (a) Because such rule would, at most, only regulate…
1Opinion of the CourtLewis, J.
The complaint in this action states, in substance: That the defendant is incorporated under the laws of the state of Wisconsin, owning and operating a line of railway between St. Paul, Minnesota, and West Superior, Wisconsin, and that about twenty-two miles of its tracks extend through the state of Wisconsin. That in the year 1899 defendant was engaged in repairing and reconstructing the wooden bridges and culverts on that division of its line extending from the city of West Superior to the village of Sandstone, Minnesota, for which purpose defendant employed a gang of about twelve men,…
2Cases cited8 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Western & Atlantic Railroad v. BaileySupreme Court of Georgia · 1898
- Steffenson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Nesbitt v. Twin City Forge & Foundry Co.Supreme Court of Minnesota · 1920
- Childs v. Standard Oil Co.Supreme Court of Minnesota · 1921
- Geiger v. Simpson Methodist-Episcopal ChurchSupreme Court of Minnesota · 1928
- Gillespie v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Kuehmichel v. Western Union Telegraph Co.Supreme Court of Minnesota · 1914
13 more not listed; retrieve them via the Exa API.