McMahon v. Illinois Central Railroad
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to recover $81,000 for personal injury received while in the employ of defendant.
Read the full summary
Action in tbe district court for Ramsey county to recover $81,000 for personal injury received while in the employ of defendant. The answer denied that plaintiff was ordered by defendant or any of its agents to go under the train for the purpose of making any repairs, and denied that defendant or its agents had any notice of the fact that plaintiff was under the train and alleged that the accident was caused wholly by plaintiff’s negligence in going under the train without taking any precaution to see that it was not moved while he was thereunder. The case was tried before Orr, J., who denied…
1Opinion of the CourtHallam, J.
Plaintiff was a brakeman on one of defendant’s trains. On tbe morning of October 16, 1912, he was run over and terribly injured. On tbe trial plaintiff bad a verdict. Defendant appeals from an order denying its motion for a new trial.
1. Defendant contends that tbe evidence is not sufficient to sustain tbe verdict. Tbe facts are as follows: Plaintiff’s crew was about to take a train of 70 cars from Amboy to Olinton, in Illinois. Tbe train was made up and started slowly. The grade was heavy and tbe train stalled and backed up again, apparently to get a fresh start. Plaintiff’s story is that,…
2Cases cited4 opinions
- Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
- Wiita v. Interstate Iron Co.Supreme Court of Minnesota · 1908
- Steffenson v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Armstrong v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
3Cited by7 opinions
- O'Neil v. PottsSupreme Court of Minnesota · 1915
- Padrick v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Elder v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1925
- Eckert v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1917
- Stash v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
2 more not listed; retrieve them via the Exa API.