Gorgenson v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Yellow Medicine county by the administratrix of the estate of William A. Gorgenson, deceased, to recover $50,000 for the death of her intestate. The answer alleged that the work' in which decedent was engaged involved certain dangers which were incidental to his work as brakeman, that he appreciated and assumed the risks thereof, specifically the dangers connected with the backing up of the train which caused his injuries and death.
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Action in the district court for Yellow Medicine county by the administratrix of the estate of William A. Gorgenson, deceased, to recover $50,000 for the death of her intestate. The answer alleged that the work' in which decedent was engaged involved certain dangers which were incidental to his work as brakeman, that he appreciated and assumed the risks thereof, specifically the dangers connected with the backing up of the train which caused his injuries and death. The case was tried before Daly, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a…
1Per curiam
The plaintiff appeals from the judgment entered upon the order granting the defendant’s motion for judgment notwithstanding after verdict in favor of the plaintiff in a personal injury suit.
*268The plaintiffs intestate William A. Gorgenson was the rear brakeman on a freight train of the defendant. The train reached Litchfield going west at 6:40 in the evening of April 16, 1916. It was cut in two, left on the main track and the engine started switching. It was the duty of Gorgenson to protect the rear of the train. This means that it was his duty to go back and warn approaching trains, using…
2Cases cited1 opinion
- Thompson v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1916
3Cited by2 opinions
- Opperud v. ByramSupreme Court of Minnesota · 1928
- Amy v. Wallace-Robinson Lumber Co.Supreme Court of Minnesota · 1919