Evarts v. St. Paul, Minneapolis & Manitoba Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the St. Paul, Minneapolis and Manitoba Kailway Company, from an order of the District Court of Hennepin County, Henry Q. Hicks, J., made July 3, 1893, denying its motion for a new trial. The plaintiff, Jennie M. Evarts, brought this action as administratrix of the estate of her deceased husband, James Evarts, under 1878 G. S. ch. 77, § 2, to recover of defendant $5,000 for wrongfully causing his death on November 11,1891, in its yards in Minneapolis.
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Appeal by defendant, the St. Paul, Minneapolis and Manitoba Kailway Company, from an order of the District Court of Hennepin County, Henry Q. Hicks, J., made July 3, 1893, denying its motion for a new trial. The plaintiff, Jennie M. Evarts, brought this action as administratrix of the estate of her deceased husband, James Evarts, under 1878 G. S. ch. 77, § 2, to recover of defendant $5,000 for wrongfully causing his death on November 11,1891, in its yards in Minneapolis. He was employed by defendant as a timekeeper in its yards in that citytokeep the time of its workmen and an account of the…
1Opinion of the CourtMitchell, J.
This was an action to recover damages for the death of plaintiff's intestate, caused by the alleged negligence of the defendant. At the time of his death, the deceased was in the employment of the defendant as assistant timekeeper, his duties being to keep an account of the time of men at work upon, and to make measurements of materials used in, construction work. It was no part of his duty to assist in the operation of trains, nor had any conductor of a train authority to direct or employ him to assist in any such work. Neither had he any experience, as brakeman or otherwise, in the…
2Cases cited2 opinions
- Hepfel v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1892
- Church v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
3Cited by13 opinions
- Kelly v. TyraSupreme Court of Minnesota · 1908
- Kalmich v. WhiteSupreme Court of Connecticut · 1920
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Rook v. SchultzOregon Supreme Court · 1921
- Cincinnati, N. O. & T. P. Co.'s Receiver v. Finnell's Admr.Court of Appeals of Kentucky · 1900
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