La Mere v. Railway Transfer Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $25,000 for personal injury received while in the employ of defendant. The answer alleged that, if plaintiff received any injury, it was- caused solely by his fáilure to exercise ordinary care for his own protection, and that such omission was the proximate cause of any injury received.
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Action in the district court for Hennepin county to recover $25,000 for personal injury received while in the employ of defendant. The answer alleged that, if plaintiff received any injury, it was- caused solely by his fáilure to exercise ordinary care for his own protection, and that such omission was the proximate cause of any injury received. The'case was tried before Booth, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $6,000 in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new…
1Opinion of the Court
Dibell, C.
Action for personal injuries. Verdict for the plaintiff. Defendant appeals from the order denying its alternative motion for judgment or for a new trial.
The plaintiff was a switchman. The complaint alleges negligence in the engineer of the defendant in stopping the train, which the plaintiff was riding, so suddenly as to throw him from the ladder on the side of a car; and in not complying with the provisions of the Federal Safety Appliance. Act requiring it to have in operation air brakes.
The verdict was general. If, therefore, either ground of negligence was improperly submitted,…
2Cases cited17 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Max D. Erskine v. Consolidated Rail CorporationCourt of Appeals for the Sixth Circuit · 1987
- Stager v. Florida East Coast Railway CompanyDistrict Court of Appeal of Florida · 1964
- Perkins v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Wiles v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Ballard v. Sacramento Northern Railway Co.California Court of Appeal · 1932
9 more not listed; retrieve them via the Exa API.