48 Minn. 46 | Minn. | 1892
Action for a personal injury alleged to have been caused by the negligence of a locomotive engineer in the employment of defendant while plaintiff was also in its employment. It appears that at the time of and for some time prior to the injury the defendant, a railroad corporation, was engaged in operating a line of railroad between St. Paul and Duluth, using for that purpose the track of the St. Paul, Minneapolis & Manitoba Railway Company from St. Paul to Hinckley, its own track from Hinckley to West Superior, and the bridge and track of the Northern Pacific Railway Company from West Superior to the Union Depot, or depot of the St. Paul & Duluth Railway Company, in Duluth, and used said depot,
The negligence alleged to have caused the injury was that of the engineer in charge of the construction train. Defendant contends at great length that no such negligence was proved. Plaintiff was
Order affirmed.
(Opinion published 50 N. W. Rep. 930.)
Note. Amotion for a reargument of this case was denied February 4,1892.