Legal Opinion

Suprenant v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided October 17, 1913No. Nos. 18,115—(245)Published

Action in the district court for Polk county to recover $12,000 for personal injury received while in the employ of defendant.

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Action in the district court for Polk county to recover $12,000 for personal injury received while in the employ of defendant. The .answer set up the contributory negligence of plaintiff and his assumption of all risks incident to the performance of his work as brakeman, and expressly denied that defendant was guilty of the violation of any law, state or Federal, in connection with the operation ■of its train and particularly with reference to the flat car mentioned in the opinion, and denied that it was guilty of any negligence in connection with the loading of the flat car. The ease was…

1Opinion of the Court

Taylor, C.

Plaintiff, a brakeman upon one of defendant’s freight trains, recovered judgment for personal injuries sustained while engaged in the performance of his duties, and defendant appeals from such judgment.

The train included a flat ear upon which two threshing machine separators were loaded. The separators were not so wide as the car, and left a narrow space along its outer edge, which the brakemen were accustomed to use as a passageway in going from one part of the train to another. This space or passageway was about twelve inches in width, except for a short distance at the side of…

2Cases cited10 opinions

  1. Jones v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1900
  2. Eaton v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
  3. Boyle v. Union Pacific RailroadUtah Supreme Court · 1903
  4. Austin v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1899
  5. Dunn v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1901

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