Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Action brought in the district court for Ramsey county, to recover damages for the death of plaintiff’s intestate, caused, as alleged, by defendant’s negligence. At the trial, before Brill, J., and a jury, it appeared that on June 27,1887, the decedent, who was employed as a boiler-maker’s helper in defendant’s shops at St. Paul, was directed by the boiler-maker to pick up some rubbish lying near a “dead” locomotive then standing on a track which ran into the boiler-shop.
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Action brought in the district court for Ramsey county, to recover damages for the death of plaintiff’s intestate, caused, as alleged, by defendant’s negligence. At the trial, before Brill, J., and a jury, it appeared that on June 27,1887, the decedent, who was employed as a boiler-maker’s helper in defendant’s shops at St. Paul, was directed by the boiler-maker to pick up some rubbish lying near a “dead” locomotive then standing on a track which ran into the boiler-shop. While so engaged, the smoke-stack of the locomotive (which two men were engaged in removing) fell upon him, inflicting the…
1Opinion of the Court
Gtlfillan, G. J.
The plaintiff cannot recover, unless under chapter 13, Laws 1887. The deceased and the persons through whose negligence he received the injury from which he died were fellow-servants, and the injury occurred from their negligence, and no other cause, so that upon the principles of the common law there could be no recovery against defendant. Chapter 13 reads: “Every railroad corporation owning or operating a railroad in this state shall be liable for all damages sustained by any agent or servant thereof, by reason of the negligence of any other agent or servant thereof, without…
2Cases cited10 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Nichols v. WalterSupreme Court of Minnesota · 1887
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
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3Cited by55 opinions
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- Johnson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- Gleason v. GearySupreme Court of Minnesota · 1943
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
50 more not listed; retrieve them via the Exa API.