O'Neil v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Dakota county, where the action was tried before Crosby, J., and a jury.
1Opinion of the CourtMitchell, J.
Action to recover for services as conductor, performed by one Dean for defendant, the claim for which it is alleged Dean had assigned to plaintiff. The answer admits the performance of the services by Dean, and their price or value. Aside from a set-off pleaded in the answer, the only issue under the pleadings was as to the fact of the assignment by Dean to the plaintiff. On that point the oral testimony of Dean, which is uncontradicted, was ample.
In the course of the examination of Dean as a witness by defendant, it appeared that, at the time these services were performed by him, he was a…
2Cited by5 opinions
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Payette v. DaySupreme Court of Minnesota · 1887
- Hostetter v. Illinois Central RailroadSupreme Court of Minnesota · 1908
- Diamond v. DennisonSupreme Court of Minnesota · 1907
- Schoonover v. SparrowSupreme Court of Minnesota · 1888