Legal Opinion

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

Supreme Court of Minnesota

Decided November 5, 1889PublishedCited by 16 opinions

Appeal by plaintiff from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial after verdict directed for defendant.

1Opinion of the CourtGtlfillan, C. J.

This case comes here on a bill of exceptions, from which it appears that when the plaintiff rested, the court denied a motion by defendant to dismiss the action on the ground that plaintiff’s evidence did not show a cause of action; and when defendant rested, and the evidence was all in, directed, on defendant’s motion, a verdict in favor of the defendant. No evidence is set out in the bill of exceptions, so that we cannot from a review of it say whether the court was right or wrong in either ruling. It must be presumed to have been right in both, provided that in a case where the plaintiff’s…

2Cases cited2 opinions

  1. Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
  2. Thompson v. Pioneer-Press Co.Supreme Court of Minnesota · 1887

3Cited by16 opinions

  1. Cofran v. SwanmanSupreme Court of Minnesota · 1947
  2. Yates v. GambleSupreme Court of Minnesota · 1936
  3. Brulla v. CassadySupreme Court of Minnesota · 1939
  4. McCormick v. MalechaSupreme Court of Minnesota · 1963
  5. Rausch v. Julius B. Nelson and Sons, Inc.Supreme Court of Minnesota · 1967

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