Lewis v. Chicago Great Western Railroad
Supreme Court of Minnesota
Action in the district court ior Hennepin county to recover $30,000 for the death of plaintiff’s intestate. The case was tried before Leary, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $16,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
1. Plaintiff’s intestate, Emery M. Lewis, was killed, while engaged as conductor of a work train near Lincoln, Iowa. The only car material to this case was a dump car No. W-90 on which loads of dirt were carried and dumped where needed. This car was flat, with sides about two and one-half feet high. On the side of the car, close to each end, was what is called a sill-step. This is a sort of iron ladder, with the lowest step near the ground, the second step 14 inches higher, and the third step formed by the top of the sill which extends clear across the back of the car. There was an upright…
2Cases cited5 opinions
- Stewart v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
- Bruckman v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910
- Lewis v. Chicago Great Western RailroadSupreme Court of Minnesota · 1914
- Perkins v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Huestis v. Aetna Life InsuranceSupreme Court of Minnesota · 1915
3Cited by5 opinions
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Cooper v. HoeglundSupreme Court of Minnesota · 1946
- Nealis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1928
- Hueper v. GoodrichSupreme Court of Minnesota · 1978
- Hunt ex rel. Hunt v. WootenSupreme Court of North Carolina · 1953