Legal Opinion

Brown v. Winona & St. Peter Railroad

Supreme Court of Minnesota

Decided September 13, 1880PublishedCited by 21 opinions

Appeal by defendant from an order of the district court for Brown county, Cox, J., presiding, refusing a new trial.

1Opinion of the CourtGilfillan, C. J.

Plaintiff was employed as a section man on the railroad of defendant. One Jacks was employed by it as “road-master.” They, with others, were engaged in raising several wrecked freight cars, when plaintiff received a serious injury, by reason, as the complaint alleges, of the negligence, carelessness and unskilfulness of Jacks. There is no allegation of negligence on the part of defendant in *163employing Jacks, nor of the use of improper, defective or insufficient machinery to raise the wreck; and it appears from the evidence, beyond any question, that Jacks was a competent and proper person for…

2Cases cited2 opinions

  1. Brothers v. CartterSupreme Court of Missouri · 1873
  2. Foster v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1869

3Cited by21 opinions

  1. Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
  2. State v. ElliottCourt of Appeals of Texas · 1919
  3. City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
  4. Lindvall v. WoodsSupreme Court of Minnesota · 1889
  5. Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885

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