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MILLEN v. GREAT NORTHERN RAILWAY CO.

No. 36,317.

243 Minn. 81 (1954)

WILLIAM MILLEN v. GREAT NORTHERN RAILWAY COMPANY.

Supreme Court of Minnesota.

October 15, 1954.

Attorney(s) appearing for the Case

Edwin C. Matthias, Anthony Kane, W.P. Westphal, and Don E. Engle, for relator.

William A. Cole, Davis, Rerat, Yaeger & Lush, Eugene A. Rerat, and Harry H. Peterson, and Edward B. Henslee and Paul F. Clements, of counsel, for respondent.

Hvass, Weisman, Peterson, King & Schwappach and Howard M. Metzenbaum, of counsel, for International Association of Machinists, amicus curiae.

Hvass, Weisman, Peterson, King & Schwappach and Mulholland, Robie & Hickey, for Railway Labor Executives' Association, amicus curiae.

FRANK T. GALLAGHER, JUSTICE.

The pertinent facts upon which defendant bases its petition to this court for a peremptory writ of mandamus are these: Plaintiff is a resident of Great Falls, Montana, where he was employed by defendant railway company as a switchman. On April 26, 1953, while working as a switchman in defendant's yards at Great Falls, he claims to have received an injury as a result of the negligence of defendant in failing to provide plaintiff a reasonably...

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