Powers v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by plaintiff, Albert W. Powers, administrator of the estate of Albert S. Powers, deceased, from a judgment of the District Court of Fillmore County, Jno. Q. Farmer, J., entered June 3,1893, against him for costs, $54.59. Albert S. Powers, deceased, came to his death March 29, 1890, on the railway of the defendant, the Chicago Milwaukee and St. Paul Railway Company, at Fountain in the manner stated in the opinion.
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Appeal by plaintiff, Albert W. Powers, administrator of the estate of Albert S. Powers, deceased, from a judgment of the District Court of Fillmore County, Jno. Q. Farmer, J., entered June 3,1893, against him for costs, $54.59. Albert S. Powers, deceased, came to his death March 29, 1890, on the railway of the defendant, the Chicago Milwaukee and St. Paul Railway Company, at Fountain in the manner stated in the opinion. His father was appointed administrator of his estate and brought this action under 1878 G. S. ch. 77, § 2, for the benefit of the boy’s next of kin. After plaintiff’s evidence…
1Opinion of the CourtGileillan, C. J.
A train of the defendant, what in railroad business is called a “wild train,” consisting of a locomotive, tender, and caboose car, on which no persons except the servants of the defendant in charge.of it were permitted to ride, started at Fountain to run to the next station. The plaintiff’s son, a bright, intelligent boy, over thirteen years of age, accustomed to be about the station, and familiar with the moving of trains, after the train started, got bn the lower step of the front platform of the caboose, holding with both hands to the iron railings to be taken hold of by one getting on or…
2Cited by8 opinions
- Nolley v. Chicago, M., St. P. & P R. CoCourt of Appeals for the Eighth Circuit · 1950
- Wilson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
- Middaugh v. Waseca Canning Co.Supreme Court of Minnesota · 1938
- Hughes v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1920
- Benedict v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1902
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