Parker v. Winona & St. Peter Railroad
Supreme Court of Minnesota
Action in the district court for Waseca county by plaintiff, as administrator of the estate of Henry Parker, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Buckbam, J., who, at the close of plaintiff’s testimony, directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. J.2
The plaintiff’s alleged cause of action, as stated in her complaint, is substantially this: She is the widow of Henry Parker, deceased, and the administratrix of his estate. Her intestate was a brakeman in the employ of the defendant, and on the evening of September 10, 1896, he voluntarily became so drunk as to be insensible of the dangers attending the performance of his duties as such brakeman upon the freight train of the defendant, and *213wholly incapacitated for the performance of such duties, all of which the employees in charge of the train then knew. While he was upon the…
2Cases cited4 opinions
- Reem v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
- Rodes v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1892
- Halverson v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Minnesota · 1894
- Van Doren v. BaileySupreme Court of Minnesota · 1892
3Cited by4 opinions
- Smith v. Emporium Mercantile Co. Inc.Supreme Court of Minnesota · 1933
- Bauer v. GriffinNew Jersey Superior Court Appellate Division · 1969
- First National Bank v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1908
- Barrett v. Pere Marquette RailroadOhio Court of Appeals · 1914