Legal Opinion

Kommerstad v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided April 24, 1914No. Nos. 18,619 — (71)PublishedCited by 17 opinions

Action in the district court for Lyon county to recover $30,000 for injury received while in the employ of defendant as section man. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which rendered a verdict for $10,000 in favor of plaintiff.

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Action in the district court for Lyon county to recover $30,000 for injury received while in the employ of defendant as section man. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which rendered a verdict for $10,000 in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict and granting a new trial, defendant appealed.

1Opinion of the CourtBrown, C. J.

This action was brought to recover for personal injuries alleged to have been caused by the negligence of defendant. A verdict was returned for plaintiff on the trial below. Thereafter defendant moved in the alternative for judgment notwithstanding the verdict or a new trial. The trial court denied the motion for judgment, but granted a new trial upon the ground that the evidence was insufficient to sustain the verdict. The two orders, as is usual in such cases, were embodied in one, from which defendant appealed. At the hearing in this court pláintiff’s counsel made the point that the order…

2Cases cited2 opinions

  1. Oelschlegel v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1898
  2. St. Anthony Falls Bank v. GrahamSupreme Court of Minnesota · 1897

3Cited by17 opinions

  1. Spruce v. Chicago, R. I. & P. RY. CO.Supreme Court of Oklahoma · 1929
  2. Snyder v. Minnetonka & White Bear Navigation Co.Supreme Court of Minnesota · 1921
  3. Allison v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1954
  4. Rieke v. St. Albans Land Co.Supreme Court of Minnesota · 1930
  5. Greenberg v. National Council of Knights and Ladies of SecuritySupreme Court of Minnesota · 1916

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