Tuder v. Or. Short Line R. Co., No. 19463[118].
| Court | Supreme Court of Minnesota (US) |
| Citation | 155 N.W. 200,131 Minn. 317 |
| Decision Date | 10 December 1915 |
| Parties | TUDER v. OREGON SHORT LINE R. CO. |
| Docket Number | No. 19463[118]. |
131 Minn. 317
155 N.W. 200
TUDER
v.
OREGON SHORT LINE R. CO.
No. 19463[118].
Supreme Court of Minnesota.
Dec. 10, 1915.
Appeal from District Court, Ramsey County; Frederick N. Dickson, Judge.
Action by Henry Tuder, a minor, by Mary Tuder, his mother, against the Oregon Short Line Railroad Company. From denial of new trial, plaintiff appeals. Reversed, and new trial granted.
Under the Code, a plaintiff may allege all the facts which give rise to his cause of action, and may recover if he prove sufficient of such facts to entitle him to relief.
In an action for damages resulting from negligence, he may allege all the grounds giving rise to his cause of action, and is not required to elect, at the beginning of the trial, whether he will establish, by his proofs, one or another of such grounds.
[155 N.W. 200]
Walter D. Corrigan, of Milwaukee, Wis., and Barton & Kay, of St. Paul, for appellant.
Edward P. Sanborn, of St. Paul, for respondent.
TAYLOR, C.
The complaint contains allegations to the effect that defendant operates a line of railroad from Butte in the state of Montana to and beyond Ogden in the state of Utah, and is engaged in transporting freight and passengers in interstate commerce thereover; that at said city of Butte in the state of Montana defendant employed plaintiff and other men to go from said city to a place beyond the city of Ogden in the state of Utah and there work upon the railway tracks used by defendant in its interstate commerce; that plaintiff together with the other men so employed entered a train at Butte for the purpose of being transported by defendant over its railway to the place where they were to perform their work, and were in charge of a foreman of defendant; that the train arrived at Ogden and the foreman stated that it would stop 30 minutes for lunch; that the plaintiff left the train, procured a lunch, and returned in 15 minutes to re-enter the train but found it had gone; that pursuant to instructions from defendant's representatives at Ogden, plaintiff boarded a freight train, then engaged in interstate commerce, and, in accordance with such instructions and with the knowledge of the officials in charge of the train, took position upon a flat car loaded with material to be delivered at the place where plaintiff expected to perform his work; that when this train had proceeded about four miles, defendant's employés in charge thereof negligently caused the car upon which plaintiff was riding to receive a sudden and extraordinary jerk which threw him from the car upon the track in such manner that both legs were run over and cut off by other cars in the train; and that plaintiff was being transported in interstate commerce at the time of the injury.
On the opening of the trial, at defendant's instance, the court required plaintiff to elect whether he would proceed upon the theory that the relation of master and servant concurrently engaged in interstate commerce existed between himself and...
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Chase Securities Corporation v. Donaldson, No. 110
...U.S. 352, 354, 36 S.Ct. 126, 127, 60 L.Ed. 324. This appears to be permitted by the law of Minnesota. Tuder v. Oregon Short Line R. Co., 131 Minn. 317, 318, 319, 155 N.W. 200. It is true that the Supreme Court in disposing of the first appeal relied on a companion case in which it was said ......
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Schimmelpfennig v. Gaedke, No. 34345.
...and proper relief administered upon the facts proved. Smith v. Smith, 204 Minn. 255, 283 N.W. 239; Tuder v. Oregon Short Line R. Co., 131 Minn. 317, 155 N.W. 200. Of course, where there is an express contract, there can be no contract implied in fact or quasi contractual liability with resp......
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Canellos v. Zotalis, No. 21614.
...language is alleged to have been uttered in the furtherance [177 N.W. 135]of that purpose. As was said in Tuder v. Oregon, etc., Co., 131 Minn. 317, 155 N. W. 200, ‘the complaint contains no inherently inconsistent or antagonistic allegations;’ and, as was said in Armstrong v. C., M. & St. ......
-
Schimmelfennig v. Gaedke, No. 34345.
...and proper relief administered upon the facts proved. Smith v. Smith, 204 Minn. 255, 283 N.W. 239;Tuder v. Oregon Short Line R. Co., 131 Minn. 317, 155 N.W. 200. Of course, where there is an express contract, there can be no contract implied in fact or quasi contractual liability with respe......
-
Chase Securities Corporation v. Donaldson, No. 110
...U.S. 352, 354, 36 S.Ct. 126, 127, 60 L.Ed. 324. This appears to be permitted by the law of Minnesota. Tuder v. Oregon Short Line R. Co., 131 Minn. 317, 318, 319, 155 N.W. 200. It is true that the Supreme Court in disposing of the first appeal relied on a companion case in which it was said ......
-
Schimmelpfennig v. Gaedke, No. 34345.
...and proper relief administered upon the facts proved. Smith v. Smith, 204 Minn. 255, 283 N.W. 239; Tuder v. Oregon Short Line R. Co., 131 Minn. 317, 155 N.W. 200. Of course, where there is an express contract, there can be no contract implied in fact or quasi contractual liability with resp......
-
Canellos v. Zotalis, No. 21614.
...language is alleged to have been uttered in the furtherance [177 N.W. 135]of that purpose. As was said in Tuder v. Oregon, etc., Co., 131 Minn. 317, 155 N. W. 200, ‘the complaint contains no inherently inconsistent or antagonistic allegations;’ and, as was said in Armstrong v. C., M. & St. ......
-
Schimmelfennig v. Gaedke, No. 34345.
...and proper relief administered upon the facts proved. Smith v. Smith, 204 Minn. 255, 283 N.W. 239;Tuder v. Oregon Short Line R. Co., 131 Minn. 317, 155 N.W. 200. Of course, where there is an express contract, there can be no contract implied in fact or quasi contractual liability with respe......