Clay v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Mower county to recover $50,000 for personal injuries. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $35,000. The plaintiff dying after the trial, the administratrix of his estate was substituted as plaintiff in his stead.
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Action in the district court for Mower county to recover $50,000 for personal injuries. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $35,000. The plaintiff dying after the trial, the administratrix of his estate was substituted as plaintiff in his stead. From an order denying the alternative motion of defendant to vacate the verdict and to enter judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
Plaintiff was a head brakeman on a train of defendant and appellant railroad company. 'When the trairi arrived at the village of Kyle, *3which is a station on that line of road, orders were given by the conductor to cut off the engine and a coal or flat car from the train, to go in on the side track, to load on some scrap iron, which was then alongside of the track, upon the flat car, and to put the car back into the train for the purpose of being transported to its destination. T-he flat car was accordingly cut off by the plaintiff. The engine, with it coupled thereto, passed up beyond the…
2Cases cited36 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Smith v. WhittierCalifornia Supreme Court · 1892
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
31 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Hallada v. Great Northern RailwaySupreme Court of Minnesota · 1955
- D. B. Loveman Co. v. BaylessTennessee Supreme Court · 1913
- Gulf Refining Co. v. FrazierCourt of Appeals of Tennessee · 1932
19 more not listed; retrieve them via the Exa API.