Stokoe v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Stearns county, Searle, J., presiding, refusing a new trial. The reply admitted the making of the release pleaded in the answer, and alleged, in avoidance, that it was obtained by defendant’s agent by false representations.
1Opinion of the CourtVanderburgh, J.
The plaintiff, who was an employe of the defendant, was injured while coupling freight cars. He complains that the accident causing the injury happened without fault on his part, by reason of the unsafe coupling attachment or draw-bar left in use on one of the cars, and which was of an old and inferior kind or pattern, the defects and dangers of which he described to the jury, and contrasted with the later and improved couplers in use on other of defendant’s cars. Other experienced brakemen also testified upon. *546the same subject. We think there was evidence for the consideration of the jury on…
2Cases cited2 opinions
- Mitchell's CaseNew York Court of Common Pleas · 1861
- Brandt ex dem. Van Cortlandt v. KleinNew York Supreme Court · 1820
3Cited by4 opinions
- Schmitt v. EmerySupreme Court of Minnesota · 1942
- Freel v. Market Street Cable Railway Co.California Supreme Court · 1892
- Davis v. New York, Ontario & Western Railway Co.Supreme Court of Minnesota · 1897
- Holmes v. ConterSupreme Court of Minnesota · 1942