Popplar v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrator of the estate of Richard S. Popular, deceased, to recover $25,000 for the wrongful death of his intestate. The issues submitted to the-jury are given in the second paragraph of the opinion. The case was tried before Dickson, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and, at the close of the testimony, defendant’s motion to direct a verdict.
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Action in the district court for Ramsey county by the administrator of the estate of Richard S. Popular, deceased, to recover $25,000 for the wrongful death of his intestate. The issues submitted to the-jury are given in the second paragraph of the opinion. The case was tried before Dickson, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and, at the close of the testimony, defendant’s motion to direct a verdict. The jury returned a. verdict of $2,850 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for…
1Opinion of the CourtHallam, J.
Richard Popplar was a rear brakeman in a train crew of defendant. On the morning of September 6, 1909, he was engaged with his crew in defendant’s railway yard at Mahnomen, Minnesota, in-making up a train. It is admitted that defendant’s road at this point is a highway of interstate commerce, but there is no evidence-that Popplar was at the time employed in interstate traffic. At the-time in question the train crew was engaged in “kicking” a car onto-a side track. The car to be “kicked” was at the rear end of a short string of cars attached to the engine. The train was backed onto the side…
2Cases cited6 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Burho v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Green v. Brainerd & Northern Minnesota Railway Co.Supreme Court of Minnesota · 1902
- Chicago, R. I. & P. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Phillabaum v. Lake Erie & Western RailroadIllinois Supreme Court · 1924
- CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933
- Arnett v. Illinois Central RailroadSupreme Court of Iowa · 1920
- Davis v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1916
- Outcelt v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1921
3 more not listed; retrieve them via the Exa API.