Ellison v. Truesdale
Supreme Court of Minnesota
Appeal by plaintiff, John B. Ellison, from an order of the District. Court of Hennepin County,■ Smith, J., made September 8, 1891, refusing his application for a new trial of the action. The defendant, William H. Truesdale, was on June 28, 1888, appointed receiver of the property of the Minneapolis & St. Louis-Railway Company, and since that date has operated its lines of railway in behalf of its creditors.
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Appeal by plaintiff, John B. Ellison, from an order of the District. Court of Hennepin County,■ Smith, J., made September 8, 1891, refusing his application for a new trial of the action. The defendant, William H. Truesdale, was on June 28, 1888, appointed receiver of the property of the Minneapolis & St. Louis-Railway Company, and since that date has operated its lines of railway in behalf of its creditors. Harvey H. Ellison, a boy nineteen years old, was on October 10, 1890, at work for defendant as a brakeman upon a freight train which goes south through Young America, at midnight. At that…
1Opinion of the Court
Dickinson, I.
This action is prosecuted to recover for alleged negligence causing the death of plaintiff’s intestate. The deceased was employed as a brakeman on a freight train of the defendant. At a certain station on the road the track runs north and south. The train on which the deceased was acting as a brakeman came to this station in the night going south. In the course of the business at that place the engine with eight cars ran on the main track to a point just south of a switch, and stopped. The rear car was to be set back on a side track diverging from the main track at this switch…
2Cases cited1 opinion
- Buxton v. BealSupreme Court of Minnesota · 1892
3Cited by1 opinion
- Buxton v. BealSupreme Court of Minnesota · 1892