Funk v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial. The word “railroad” as used in Laws 1887, c. 13, does not include street railways. 23 Am. & Eng. Enc.
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Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial. The word “railroad” as used in Laws 1887, c. 13, does not include street railways. 23 Am. & Eng. Enc. Law, 316; Reiche v. Smythe, 13 Wall. 162; County Seat of Linn Co., 15 Kan. 500; Robbins v. Omnibus R. Co., 32 Cal. 472; Whitcomb v. Rood, 20 Vt. 49. The practical construction placed by state officers on the term under the various acts in which it occurs is entitled to weight. 23 Am. & Eng. Enc. Law, 339, 340. Where the language of a statute is doubtful, resort may be had to…
1Opinion of the CourtBuck, J.
A material and difficult question for us to determine is whether Laws 1887, c. 13 (G. S. 1894, § 2701), in regard to damages arising by reason of a fellow servant, is applicable to the case under consideration. That law reads as follows: “Every railroad corporation owning or operating a railroad in this state shall be liable for all damages sustained by any agent or servant thereof by reason of the negligence of any,, other agent or servant thereof without contributory negligence on his part when sustained within this state.”
The defendant is the St. Paul City Eailway Company, and in the…
2Cases cited6 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
- Smith v. TownsendSupreme Court of the United States · 1893
- Preston v. BrowderSupreme Court of the United States · 1816
- Louisville & Portland Railroad v. Louisville City Railway Co.Court of Appeals of Kentucky · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- MACCIA EX REL. MACCIA v. TynesNew Jersey Superior Court Appellate Division · 1956
- Railroad Commission v. Texas & New Orleans R.Court of Appeals of Texas · 1931
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Board of Railroad Commissioners v. Market Street Railway Co.California Supreme Court · 1901
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