Owens v. Chicago Great Western Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county against the receivers of the Chicago Great Western Railway Company to recover $25,000 for personal injuries received in the state of Illinois by reason of the sudden stoppage of defendant’s train, caused by the negligent acts of defendant’s engineer. The answer alleged plaintiff’s contributory negligence. At the trial defendant company was substituted for the receivers.
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Action in the district court for Ramsey county against the receivers of the Chicago Great Western Railway Company to recover $25,000 for personal injuries received in the state of Illinois by reason of the sudden stoppage of defendant’s train, caused by the negligent acts of defendant’s engineer. The answer alleged plaintiff’s contributory negligence. At the trial defendant company was substituted for the receivers. The case was tried before Kelly, J., who, at the close of the trial denied defendant’s motion to dismiss the action, because an attempt to enforce a federal statute in a state…
1Opinion of the CourtO’Brien, J.
Plaintiff was a conductor upon a freight train of defendant, which was engaged in interstate commerce. The train was partially made up in Chicago, and proceeded to Bellwood, where additional cars were added, and then went to South Elmhurst, all in the state of Illinois. For some distance after leaving Bellwood the train encountered an upgrade, the highest point of which was between that place and South Elmhurst. At the time of the accident complained of at least, the forward part of the train had passed this highest point and was upon a slight .downgrade. The train was to stop at South…
2Cases cited12 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Robb v. ConnollySupreme Court of the United States · 1884
- The Employers'liability CasesSupreme Court of the United States · 1908
- Getchell v. HillSupreme Court of Minnesota · 1875
- Anderson v. FieldingSupreme Court of Minnesota · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boright v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1930
- Lewis v. Chicago Great Western RailroadSupreme Court of Minnesota · 1914
- Perkins v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Desper v. Warner Holding Co.Supreme Court of Minnesota · 1945
- Ademodi v. StateSupreme Court of Minnesota · 2000
2 more not listed; retrieve them via the Exa API.