Rogstad v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county, and tried before Koon, J., who, at the close of plaintiff’s case, ordered a dismissal, but afterwards granted a new trial. From the latter-order the defendant appeals.
1Opinion of the CourtMitchell, J.
The rules or tests that determine whether in a given-case negligence is a question of law for the court, or one of fact for the-jury, have been recently stated by this court in the case of Abbett v. Chicago, Mil. & St. Paul Ry. Co., 30 Minn. 482, and need not now be repeated.
The facts in this case, as disclosed by the evidence, are that plaintiff was assisting in the care of a car-load of his brother’s cattle, which was set on a side-track of defendant’s yard, in Minneapolis, to await the afternoon freight train, by which it was to be transported northward. The car had been placed there in…
2Cases cited3 opinions
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Mark v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
3Cited by9 opinions
- Young v. Southern Pacific Co.California Supreme Court · 1922
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
- Marty v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1888
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