Legal Opinion

McLain v. Chicago Great Western Railroad

Supreme Court of Minnesota

Decided April 12, 1918No. 20,764PublishedCited by 10 opinions

Action in the district court for Mower county to recover $20,000 for injuries received while in defendant’s employ. The answer set out at length section 769 of the 1907 Code of Iowa, granting cities of 5,000 inhabitants power to regulate the speed of railway trains running through the limits of such city, and an ordinance of Mason City, Iowa, regulating speed of trains, locomotives, etc., and alleged that plaintiff violated the order given him in reference to the running of…

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Action in the district court for Mower county to recover $20,000 for injuries received while in defendant’s employ. The answer set out at length section 769 of the 1907 Code of Iowa, granting cities of 5,000 inhabitants power to regulate the speed of railway trains running through the limits of such city, and an ordinance of Mason City, Iowa, regulating speed of trains, locomotives, etc., and alleged that plaintiff violated the order given him in reference to the running of his train, and at the time of the collision was running it in violation of that order; that he failed to observe the…

1Opinion of the CourtQuinn, J.

This is an action brought under the Federal Employer’s Liability Act, to recover for injuries which plaintiff claims to have sustained to his person while in the employ of the defendant railway company in interstate commerce, as a locomotive engineer on passenger train No. 15 running from Hayfield, Minnesota, through Austin, Freeman and Mason City to Clarion, in the state of Iowa.

The cause was tried at Austin in February, 1917, resulting in a verdict in favor of the plaintiff in the sum of $10,000. The defendant made an alternative motion for judgment in its favor, or for a new trial, which…

2Cases cited6 opinions

  1. Second Employers'liability CasesSupreme Court of the United States · 1912
  2. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  3. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  4. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  5. Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Floyd Gene Bridger v. Union Railway CompanyCourt of Appeals for the Sixth Circuit · 1966
  2. Chesapeake & Ohio Railway Co. v. StapletonSupreme Court of the United States · 1929
  3. Sears v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1924
  4. Jacobson v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1946
  5. Herr v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1923

5 more not listed; retrieve them via the Exa API.

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