YOUNG v. WLAZIK

No. 46148.

262 N.W.2d 300 (1977)

James Robert YOUNG, Appellant, v. Lawrence WLAZIK, et al., Respondents, Chicago, Milwaukee, St. Paul and Pacific Railroad Co., et al., Respondents, City of Winona, Respondent.

Supreme Court of Minnesota.

Rehearing Denied November 23, 1977.


Attorney(s) appearing for the Case

Collins & Buckley, Michael J. Sauntry, Theodore J. Collins, and Thomas J. Battis, St. Paul, for appellant.

Robert L. Hoppe, Minneapolis, for Wlazik, et al.

Rider, Bennett, Egan, Johnson & Arundel, Stuart W. Rider, Jr., and Roger R. Roe, Jr., Minneapolis, for C. M. St. Paul & Pacific Ry., et al.

Richard D. Allen and George M. Robertson, Jr., Winona, for City of Winona.

Heard before ROGOSHESKE, KELLY, and SCOTT, JJ.; reheard en banc and considered and decided by the court.


KELLY, Justice.

Plaintiff appeals from a judgment of the district court awarding him damages against defendant Lawrence Wlazik, but denying recovery against defendant railroad and its employees and defendant City of Winona. We affirm in part and reverse in part with instructions to grant a new trial against defendant railroad and railroad employees, and defendants Wlazik and Navins.

Plaintiff James Robert Young was seriously and permanently injured on April...

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