147 Minn. 310 | Minn. | 1920
Action for personal injuries. The court directed a verdict for the defendant. The plaintiff appeals from the order denying his motion for a new trial.
It is fairly clear that on the morning of the day of the accident the decedent started north from Ortonville to do work at Wahpeton. In view of the conclusion we reach upon a question decisive of the case it is unnecessary to follow his movements in detail. It is sufficient to say that about 8:30 in the evening a young man and some companions going north from Collis, the station south, to Dumont, stumbled upon the car in the dark. They did not see anyone upon or about it. They continued on to Dumont and told the agent that there was a car on the track with apparently a coat or blanket upon it, and suggested that he notify the trainmen. He did not do so.
A speeder, such as the deceased was using, is easily taken from the track." Speeders are used by different railway employees, >sueh 'as bridgemen and linemen. Those in charge of them look out for trains. There had been wire trouble along the line and linemen had been at work, nights attending to it. The train did not leave Dumont for two and one-half or three hours after the young man saw the car at the place where the accident afterward occurred.
It is claimed that there was evidence for the jury that the station agent was negligent in not informing the trainmen of the presence of the speeder, and that the engineer did not use due care at the time of the accident.
The station agent was not told that there was a man on the car. The young man had seen no one on or near it. The natural inference, if any, was that the ear was unattended so far as could be seen. There was nothing to suggest to the station agent that anyone was in danger or that the speeder would not be taken care of in the- usual way before the train came along two or three hours later. He was not negligent.
The engineer was on the lookout. He saw first a shadow and then the
The trial court, upon a careful review of the evidence upon the motion for a new trial, was of the view that neither the station agent nor the engineer was negligent. Our independent consideration of the record, aided by the arguments and briefs of counsel, leads to a like result.
2. The engineer was called for cross-examination under the statute and the objection of the defendant was sustained.
The statute provides for calling as for cross-examination “the directors, officers, superintendent, or managing agents of any corporation,” etc. G. S. 1913, § 8377. An engineer charged with no other duty than that of driving his engine in the usual way is not within the statute. Moore v. St. Paul City Ry. Co. 136 Minn. 315, 162 N. W. 298.
Order affirmed.