McLean v. Burbank
Supreme Court of Minnesota
Tbe defendants in tbis action were common carriers of passengers. In March, 1862, one Mathew McLean took passage on defendants’ stages from La Crosse to St. Paul, paying the nsnal fare.
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Tbe defendants in tbis action were common carriers of passengers. In March, 1862, one Mathew McLean took passage on defendants’ stages from La Crosse to St. Paul, paying the nsnal fare. At Hastings, on the way to St. Paul, while the coach was being driven upon the ferry boat, which crosses the Mississippi river at that point, as the hind wheels struck the boat, it swung out from the shore, the coach was uncoupled from the fore wheels, and was precipitated, into the river; McLean, being at the time inside the coach, was drowned. This action was brought by the personal representatives of the…
1Opinion of the Court
By the Oowrt
McMillan, J.
This is an appeal by the defendants from an order of the District Court, granting a new trial. The only exceptions on the .trial were those taken to the charge of the court to the jury.
*287It is unnecessary, in the view we take of this case, to discuss the weight of evidence, and as the case may again come before a jury, we refrain from any comments on the facts,'as developed on the trial, but rest the case upon the questions of law involved in it.
The first request submitted by the plaintiff, was as follows: “Proof that the plaintiff’s intestate was a passenger of the…
2Cases cited3 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Hooper v. Wells, Fargo & Co.California Supreme Court · 1864
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
3Cited by11 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Vredenburg v. BehanSupreme Court of Louisiana · 1881
- Citizens Street Railroad v. HoffbauerIndiana Court of Appeals · 1900
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