Legal Opinion

Harding v. Railway Transfer Co.

Supreme Court of Minnesota

Decided July 19, 1900No. Nos. 12,189—(225)PublishedCited by 7 opinions

Action in the district court for Hennepin county to recover $20,-100 damages for personal injuries. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff. Defendant made a motion for judgment in its favor notwithstanding the verdict or for a new trial. The court made an order denying the motion for judgment, but granting a new trial unless plaintiff consent to a reduction of the verdict.

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Action in the district court for Hennepin county to recover $20,-100 damages for personal injuries. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff. Defendant made a motion for judgment in its favor notwithstanding the verdict or for a new trial. The court made an order denying the motion for judgment, but granting a new trial unless plaintiff consent to a reduction of the verdict. Plaintiff consented to the reduction, and defendant appealed from the order.

1Opinion of the Court

START, 0. J.

The defendant is a transfer company engaged in the businéss of switching cars between certain mills in the city of Minneapolis and the railroads engaged in traffic to and from the city. It owns no cars, but furnishes the motive power and crews necessary for handling the cars. Nor does it own any tracks, but operates over tracks owned by others. Among the tracks so operated by the defendant was a spur track which runs by the side of the flour mill known as the “Washburn A Mill.” From the platform of this mill, leading down near the track, was a stairway, the steps of which (four in…

2Cases cited1 opinion

  1. Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1879

3Cited by7 opinions

  1. Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  2. Wilson v. Valley Improvement Co.West Virginia Supreme Court · 1911
  3. Carson v. Dierks Lumber Coal CompanySupreme Court of Arkansas · 1938
  4. Sparkman Hardwood Lumber Co. v. McCannSupreme Court of Arkansas · 1935
  5. Reams v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1930

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