Schulz v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by plaintiff, Bertha Schulz, as administratrix of the estate of Julius Schulz, deceased, from an order of the District Court of Ramsey County, Chas.'D. Kerr, J., made July 6, 1893, denying her motion for a new trial. On June 19, 1891, Julius Schulz was at work as a section man for the defendant, Chicago Milwaukee and St. Paul Railway Company near Highwood Station in St. Paul and was struck by a train under the circumstances stated in the opinion.
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Appeal by plaintiff, Bertha Schulz, as administratrix of the estate of Julius Schulz, deceased, from an order of the District Court of Ramsey County, Chas.'D. Kerr, J., made July 6, 1893, denying her motion for a new trial. On June 19, 1891, Julius Schulz was at work as a section man for the defendant, Chicago Milwaukee and St. Paul Railway Company near Highwood Station in St. Paul and was struck by a train under the circumstances stated in the opinion. He died and plaintiff was on January 9, 1893, appointed administratrix of his estate, and brought this action under 1878 G-. S. ch. 77, § 2.…
1Opinion of the CourtCanty, J.
Plaintiff’s intestate was in the employ of defendant us a section man on its railroad. At the time of the injury in *273question he was at work cutting weeds with a shovel along the side of its track within the corporate limits in the southern part of the city of St. Paul. He cut a space about six feet wide along outside of the rail, and stood in the middle of this space as he worked, in a stooping position, with his back to the approaching train of defendant, turning partly to one side and then to the other as he proceeded. Running parallel with this track, and about 100 feet away from it, was…
2Cases cited3 opinions
- Evison v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
- Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Bengtson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
3Cited by15 opinions
- Morgan v. J. W. Robinson Co.California Supreme Court · 1910
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Smith v. Southern Pacific Co.Oregon Supreme Court · 1911
- Kludzinski v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Lundquist v. Duluth Street Railway Co.Supreme Court of Minnesota · 1896
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