Dolge v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by the administrator of the estate of Charles A. Dolge, deceased, against defendant railway company and John Schmidt, one of its section foremen, to recover $5,000 for the death of the intestate.
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Action in the district court for Hennepin county by the administrator of the estate of Charles A. Dolge, deceased, against defendant railway company and John Schmidt, one of its section foremen, to recover $5,000 for the death of the intestate. The complaint alleged that defendant negligently furnished the intestate with a road bed containing a split switch, the point of which was so far removed from the main rail that it constituted a trap for the feet of its employees, including the intestate, and permitted his feet to catch therein and did hold them and by reason thereof he was run down…
1Opinion of the CourtLewis, J.
Appellánt’s son was a switchman in the employ of respondent railway company at its yards' in tire city of Minneapolis, and was killed on the track while engaged in the performance of his duties. Negligence is based upon the ground that respondent maintained a defective split switch, in that the movable point of the switch, when open, was at a greater distance than necessary, which condition permitted the foot of the switchman to become caught and held. Appellant recovered a verdict, and the trial court ordered judgment for respondent notwithstanding the verdict.
It was shown at the trial that…
2Cases cited7 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Illick v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1888
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Boyd v. HarrisSupreme Court of Pennsylvania · 1896
- Chicago, M. & St. P. Ry. Co. v. RileyCourt of Appeals for the Seventh Circuit · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McNamee v. HinesSupreme Court of Minnesota · 1921
- Gibson v. Chicago Great Western RailroadSupreme Court of Minnesota · 1912
- McCann v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1924