Creamus v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $10,000 for injury received while in the employ of defendant. The case was tried before Dancer, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
Taylor, C.
At the time of the injury for which plaintiff seeks to recover, defendant’s section crew, of which plaintiff was a member, were engaged in cutting weeds on and near defendant’s railway track. They were furnished a hand car for use in transporting themselves and their tools and equipment. While they were at work, the section foreman moved the hand car along the track as occasion required, and also assumed the duty of keeping watch for approaching trains. An approaching train came in sight around a curve and the foreman called the men to remove the hand ear from the track. The hand…
2Cases cited2 opinions
- Stenvog v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1909
- Nelson v. SaariSupreme Court of Minnesota · 1913
3Cited by2 opinions
- Jirmasek v. PayneSupreme Court of Minnesota · 1922
- Rodeff v. Lake Shore & Michigan Southern Railway Co.Ohio Court of Appeals · 1917