Opinion · Supreme Court of the United States

Minnesota Iron Co. v. Kline

26 S. Ct. 159

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1905-12-18
Topic
general

Me. Justice Holmes delivered the opinion of the court. This is an action for the loss of an arm by the plaintiff, the defendant in error, while repairing an engine of the defendant, through the negligence of a fellow servant. A statute of Minnesota reads as follows: “Every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof by reason of the negligence of any other agent or servant thereof, without contributory negligence on his part, when sustained within this State, and no contract, rule, or regulation between such corporation and any agent or servant shall impair or diminish such liability; provided, that nothing in this act shall be so construed as to render any railroad company hable for damages sustained by any employe, agent, or servant, while engaged in the construction of a new road, or any part thereof, not open to public travel or use. ” Minn. G.

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