Legal Opinion

O'Neal v. Burlington Northern, Inc.

Court of Appeals of Minnesota

Decided October 13, 1987No. C6-87-1211PublishedCited by 4 opinions

1Opinion of the Court

OPINION

A. PAUL LOMMEN, Judge.

Appellant Robert O’Neal was severely injured by a train owned and operated by respondent. The trial court granted respondent’s motion for summary judgment, and O’Neal appealed. On appeal, appellant argues the trial court erred in concluding that he was not within the class of persons intended to be protected by Minn.Stat. §§ 219.31-33. We affirm.

FACTS

At approximately 5:30 p.m. on July 7, 1979, a train owned and operated by respondent ran over appellant’s left leg, severing it below the knee. At the time of the accident, appellant was sleeping or sitting on the…

2Cases cited11 opinions

  1. Rosse v. St. Paul & Duluth Railway Co.Supreme Court of Minnesota · 1897
  2. Fitzgerald v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1882
  3. Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
  4. Kedrowski v. CzechSupreme Court of Minnesota · 1955
  5. Marengo v. Great Northern Railway Co.Supreme Court of Minnesota · 1901

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Thies v. St. Paul's Evangelical Lutheran Church of LitchfieldCourt of Appeals of Minnesota · 1992
  2. Steffey v. Soo Line RailroadCourt of Appeals of Minnesota · 1993
  3. Dougherty v. State Farm Mutual Insurance Co.Court of Appeals of Minnesota · 2004
  4. Dougherty v. State Farm Mutual Insurance Co.Court of Appeals of Minnesota · 2004

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