Lewis v. Chicago Great Western Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,000 for injury received while in the employ of defendant. The answer alleged that whatever injuries plaintiff received were caused by his own negligent failure to exercise proper care for his own safety, and his negligence directly contributed to the accident.
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Action in the district court for Ramsey county to recover $25,000 for injury received while in the employ of defendant. The answer alleged that whatever injuries plaintiff received were caused by his own negligent failure to exercise proper care for his own safety, and his negligence directly contributed to the accident. It further alleged that plaintiff knew and appreciated whatever dangers or hazards were involved in the situation and assumed the risks of whatever dangers were involved in his employment. The case was tried before Gatlin, J., who at the close of plaintiff’s testimony denied…
1Opinion of the CourtPhilip E. Brown, J.
Defendant appeals from an order denying its alternative motion .for judgment or new trial, after verdict for plaintiff returned in an action to recover damages for personal injuries.
There is little dispute on the facts, and none as to the following: On November 26, 1912, and previously, plaintiff was a freight brakeman in defendant’s employment, his run being between Austin and Hayfield, in this state. A flat car loaded with poles had remained on defendant’s side track in Austin for several days prior to the date stated. Its load had shifted forward, so that some of the poles projected over…
2Cases cited6 opinions
- Moores v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
- Healy v. HoySupreme Court of Minnesota · 1911
- La Pray v. Lavoris Chemical Co.Supreme Court of Minnesota · 1912
- Campbell v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1914
- Owens v. Chicago Great Western RailroadSupreme Court of Minnesota · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Zuber v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1956
- Hagsten v. SimbergSupreme Court of Minnesota · 1950
- Alling v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1923
- Smock v. Mankato Elks ClubSupreme Court of Minnesota · 1938
7 more not listed; retrieve them via the Exa API.