Hostetter v. Illinois Central Railroad
Supreme Court of Minnesota
Action in the district court for Freeborn county by the parent of a minor son, Arthur Hostetter, to recover $2,000 damages for personal injuries. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $1,600. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
This action was brought by appellant, in behalf of his minor son, hereinafter referred to as the plaintiff, against defendant railway company, to recover for injuries sustained by him while engaged upon defendant’s line of road. A train was in charge of a conductor, with the usual crew, head and rear brakeman, engineer, and fireman. The work was under the control and direction of the road supervisor. A gang of workmen, consisting of twenty two men, of whom plaintiff was one, and a foreman, was engaged in picking up steel rails scattered along the side of the track. In doing this the train…
2Cases cited9 opinions
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Williams v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
- Bowen v. ThwingSupreme Court of Minnesota · 1894
- O'Neil v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1885
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3Cited by3 opinions
- Willison v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1910
- Briggs v. Kennedy Mayonnaise Products, Inc.Supreme Court of Minnesota · 1941
- Samels v. SamelsSupreme Court of Minnesota · 1928