Schumaker v. St. Paul & Duluth Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, overruling its demurrer to the complaint in an action to recover $15,000 for personal injuries.
1Opinion of the Court
Collins, J.1
To plaintiff’s complaint herein the defendant corporation interposed a demurrer, upon the ground that it failed to state facts sufficient to constitute a cause of action. Upon the argument of this appeal defendant contended that its negligence in the premises was insufficiently pleaded; that the injury complained of, provided the same could be said to have been the result of defendant’s act, was not proximate, but was too remote a consequence to be chargeable to it; and, further, that from the allegations of the complaint it was manifest that plaintiff himself was guilty of…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Clifford v. Denver, South Park & Pacific RailroadSupreme Court of Colorado · 1886
3Cited by27 opinions
- Leif M. Hanson v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Helen Hanna, Cicero Hanna v. Annie C. Fletcher, Trustee of Estate of Florence Johnson, Benjamin F. Fletcher, and Fred S. Gichner Iron Works, Inc.Court of Appeals for the D.C. Circuit · 1956
- Lemos v. MaddenWyoming Supreme Court · 1921
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
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