Peterson v. Chicago, Burlington & Quincy Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of defendant. The answer alleged that the physical conditions surrounding the work done by plaintiff at the time of the accident were patent and observable, well known to plaintiff, and he knew, understood and appreciated the risk of being injured in the manner in which the accident occurred.
Read the full summary
Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of defendant. The answer alleged that the physical conditions surrounding the work done by plaintiff at the time of the accident were patent and observable, well known to plaintiff, and he knew, understood and appreciated the risk of being injured in the manner in which the accident occurred. The case was tried before Kelly, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,-000. Prom an order denying its…
1Opinion of the Court
Dibull, C.
Action to recover for personal injuries sustained by the plaintiff while in the employ of defendant; there was a verdict for the plaintiff; defendant appeals from the order denying its alternative motion for judgment notwithstanding or a new trial.
It is not claimed that the evidence was insufficient to justify a finding of negligence on the part of the defendant. The defendant claims that the evidence is insufficient to justify a finding that such negligence was the proximate cause of the injury that came to the plaintiff. Two errors of law at the trial are claimed.
1. The plaintiff…
2Cases cited1 opinion
- Horton v. WilliamsSupreme Court of Minnesota · 1875
3Cited by1 opinion
- MacLeod v. PayneSupreme Court of Minnesota · 1921