James v. Northern Pacific Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., presiding, refusing a new trial after verdict of $750 for plaintiff.
1Opinion of the CourtMitchell, J.
While the plaintiff, a servant of the defendant, was, in the course of his employment, riding on the front foot-board, of a switch-engine, the engine was derailed by a broken rail, causing the injuries complained of. Two acts of negligence are alleged against defendant: First, running the engine at an unsafe rate of speed; second, using a defective rail on its track. For the purpose of establishing the first charge of negligence, the plaintiff introduced evidence tending to prove that the engine was being run at the rate of about 20 miles per hour, and then attempted to prove that the…
2Cited by8 opinions
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Gallagher v. LinwoodNew Mexico Supreme Court · 1924
- Gorham v. National Life InsuranceSupreme Court of Minnesota · 1895
- Klenzendorf v. Shasta Union High School DistrictCalifornia Court of Appeal · 1935
- Schaufele v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
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