Davis v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,000 for personal injury received while in the employ of defendant.
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Action in the district court for Ramsey county to recover $25,000 for personal injury received while in the employ of defendant. The case was tried before Olin B. Lewis, J., who at the close of plaintiff’s testimony denied defendant’s motion to dismiss the action, and at the close of the trial denied defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict for $8,830. Defendant’s motion for judgment in its favor notwithstanding the verdict ivas denied. From the judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the CourtHolt, J.
The only question on this appeal is: Does the evidence sustain the finding of the jury that the car, which plaintiff attempted to uncouple when injured, was equipped with a defective coupler in violation of the Federal Safety Appliance Act?
Plaintiff was in the service of defendant as a switchman in its yards at Des Moines, Iowa, and had been engaged in that work for many years previous to June 3, 1915. In the early forenoon of that day he, with a crew, was moving four cars in the yard. It is admitted that defendant was then engaged in transporting interstate commerce and plaintiff was…
2Cases cited7 opinions
- San Antonio & Aransas Pass Railway Co. v. WagnerSupreme Court of the United States · 1916
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of the United States · 1913
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. PopplarSupreme Court of the United States · 1915
- Nichols v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Burho v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933
- Chicago, Indianapolis & Louisville Railway Co. v. StierwaltIndiana Court of Appeals · 1926
- Kimberling v. Wabash Railway Co.Supreme Court of Missouri · 1935
- Karras v. Great Northern Railway Co.Supreme Court of Minnesota · 1926
- Bauer v. Miller Motor Co.Supreme Court of Minnesota · 1936
5 more not listed; retrieve them via the Exa API.