Legal Opinion

Sours v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided November 13, 1900No. Nos. 12,435—(38)PublishedCited by 7 opinions

Action in the district court for Ramsey county to recover $15,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $10,000. On defendant’s motion for judgment notwithstanding the verdict or for a new trial, the court made an order denying judgment, but granting a new trial. From this order defendant appealed.

1Opinion of the CourtCollins, J.

Plaintiff, while in defendant’s employment as a yard agent at Como, was run down one evening about dark by a moving caboose, and brought this action to recover damages.

By the complaint, his right to recover was made to depend upon the existence of a rule, usage, or custom of defendant to operate and move its cars in the yard where plaintiff was injured with an employee upon the front end of the “cut,” consisting of one or more cars, and, at night, with a light upon such front end; the object and *338purpose of tbe rule, usage, or custom being not only to control tbe ¡speed and movement of tbe…

2Cases cited1 opinion

  1. Hooper v. Great Northern Railway Co.Supreme Court of Minnesota · 1900

3Cited by7 opinions

  1. Truschel v. Rex Amusement Co.West Virginia Supreme Court · 1926
  2. Sours v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
  3. Geddes v. McElroySupreme Court of Iowa · 1915
  4. Lincoln County v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1906
  5. Sours v. Great Northern Railway Co.Supreme Court of Minnesota · 1903

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