Searfoss v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administratrix of the estate of S. R. Searfoss, deceased, to recover $5,000 for the death of her intestate. The case was tried before Hallam, J., and a jury which returned a verdict for plaintiff for .the amount demanded. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.
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Action in the district court for Ramsey county by the administratrix of the estate of S. R. Searfoss, deceased, to recover $5,000 for the death of her intestate. The case was tried before Hallam, J., and a jury which returned a verdict for plaintiff for .the amount demanded. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed. At the time of the accident the locomotive was headed west but was coupled to the east end of the train. The rules of the Minneapolis Western Railway Company required the engineer “to keep a constant…
1Opinion of the CourtStart, C. J.
Plaintiff’s husband and intestate on July 23,1907, was an engineer in the employ of the Minneapolis Western Railway Company, hereafter referred to as the Western Company. At five o’clock in the morning of that day he was killed with his fireman in a collision between his engine and a string of defendant’s box cars standing on the track over which his engine had the right of way. This action was brought to recover damages for his death on the ground that it was caused by the negligence of the defendant, whereby the box cars came upon the track. Verdict for the plaintiff for $5,000 and the…
2Cases cited2 opinions
- Hall v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1891
- Maehren v. Great Northern Railway Co.Supreme Court of Minnesota · 1906
3Cited by3 opinions
- McMahon v. FlynnSupreme Court of Minnesota · 1923
- Pattock v. St. Cloud Public Service Co.Supreme Court of Minnesota · 1922
- Sheehy v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1916