Legal Opinion

Breske v. Minneapolis & St. Louis Railroad

Supreme Court of Minnesota

Decided August 11, 1911No. Nos. 17,153—(210)PublishedCited by 7 opinions

Action in the district court for Ramsey county to recover $35,00ff for personal injuries. The substance of the complaint and answer is stated in the second paragraph of the opinion. The reply was-a general denial. The case was tried before Kelly, J., who, at the-close of the evidence, directed a verdict in favor of defendant. Erom an order denying plaintiff’s motion for "a neiy trial, he appealed.

1Opinion of the CourtBunn, J.

Plaintiff, on July 10, 1910, was in the employ of defendant as an engine hostler in and about its roundhouse and yards at Watertown, South Dakota. He was directed by his superior io do certain switching work in the movement of certain cars on tracks in the defendant’s yard. The object of this switching was to place on the roundhouse track a box car known as “M. & St. L. 9,641” for loading with scrap iron. This car was standing with a number of other cars on a track known as “No. 1,” and was the tenth car on that track, counting from the end from which the engine operated. It was necessary to…

2Cited by7 opinions

  1. Chicago Junction Railway Co. v. Industrial BoardIllinois Supreme Court · 1917
  2. Montgomery v. Southern Pacific Co.Oregon Supreme Court · 1913
  3. Mappin v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1926
  4. Rush v. ThompsonSupreme Court of Missouri · 1947
  5. New York, C. & St. L. R. v. SlaterCourt of Appeals for the Seventh Circuit · 1928

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