Gibbs v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Goodhue county, Crosby, J., presiding, refusing a new trial. There was evidence at the trial tending to prove the following facts: The plaintiff was employed to carry a load of goods from the warehouse of one Dodge, on Plum street, a much frequented street in Red Wing. On reaching the warehouse, in company with Dodge, he found that access to it was obstructed by freight cars on the track of defendant’s railroad.
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Appeal by defendant from an order of the district court for Goodhue county, Crosby, J., presiding, refusing a new trial. There was evidence at the trial tending to prove the following facts: The plaintiff was employed to carry a load of goods from the warehouse of one Dodge, on Plum street, a much frequented street in Red Wing. On reaching the warehouse, in company with Dodge, he found that access to it was obstructed by freight cars on the track of defendant’s railroad. A detached engine of defendant was standing about 125 feet off, and Dodge went to it and asked the engineer to move the…
1Opinion of the CourtBerry, J.
The plaintiff alleges in his complaint that the defendant, by its agents and servants in charge of a locomotive, carelessly, negligently, wantonly and recklessly caused the whistle thereof, to be furiously blown off with a frightful noise near the plaintiff’s team of mules, which was passing along a, public street, and thereby frightened the same so that they ran away, throwing the plaintiff out of his wagon, whereby he was greatly injured, etc. The case was submitted to a jury, by which a verdict was brought in for the plaintiff. The important question upon this appeal is whether there was…
2Cited by2 opinions
- Bunt v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
- Gendreau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1906