Minnesota Supreme Court, 1886

Babcock v. St. Paul, Minneapolis & Manitoba Railway Co.

Babcock v. St. Paul, Minneapolis & Manitoba Railway Co.
Minnesota Supreme Court · Decided December 6, 1886 · Gileillan
36 Minn. 147; 30 N.W. 449; 1886 Minn. LEXIS 264 (Minnesota Reports)

Counsel

JR. B. Oalusha, JR. G. Benton, and J. Kling, for appellant., Hammons é Hammons, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1914, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Babcock v. St. Paul, Minneapolis & Manitoba Railway Co.

Cases that cite this one

4 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gileillan, C. J.

Action for an injury caused by being thrown from a sleigh, in consequence of a defective crossing on defendant’s railroad. Plaintiff, in her complaint, alleges that she “was thereby severely hurt, lamed, and bruised, in and about her back, shoulders, and head, and ever since then till now she has been and still is sick, lame, and- sore, and unfitted for manual labor and attending to her household duties, and by reason thereof has suffered great pain of body and mind; and that she is advised and believes that she will be permanently disabled thereby, and will always suffer therefrom, and be wholly or partially rendered unfit and unable to perform her household duties by reason thereof.”

Under these allegations, it was proper for plaintiff to prove that, as a consequence of the injury, she suffered from “nervous prostration,” "spinal irritation,” and “torpidity of the liver.” It is not a question of general damages, or of special damages requiring to be pleaded. Without any more full statement of the symptoms and details of the injury, she could prove in what,way and to what extent she was rendered sick and lame and unfit for manual labor, and suffered pain of body and mind, and is likely to be permanently disabled. To require any more detailed statement would lead to prolix *148pleading, and be unnecessary to apprise defendant of what it might expect on the trial.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.