Smith v. Minneapolis Street Railway Co.
Supreme Court of Minnesota
Action in the district.court for Hennepin county to recover $50,000 for injury received while a passenger upon one of defendant’s street cars. The answer alleged that for a valuable consideration plaintiff executed a release of all demands in any manner growing out of the claims set up in the complaint. The reply alleged that the release was procured through fraudulent representations by defendant’s claim agent while he was negotiating the settlement.
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Action in the district.court for Hennepin county to recover $50,000 for injury received while a passenger upon one of defendant’s street cars. The answer alleged that for a valuable consideration plaintiff executed a release of all demands in any manner growing out of the claims set up in the complaint. The reply alleged that the release was procured through fraudulent representations by defendant’s claim agent while he was negotiating the settlement. The case was tried before Dickinson, J., who denied defendant’s motions to dismiss the action, and a jury which returned a general verdict for…
1Opinion of the CourtSchaller, J.
Plaintiff, a woman of 54 years of age, who had never been ill except at childbirth, had given' birth to, raised and cared for a family of seven children, all living, had alone done the work for the family during all her married life and at times had taken in boarders, was a good cook and housekeeper, cheerful, pleasant and vivacious, of sound health, mentally and physically, who had never had or needed the services of a doctor except at childbirth, was injured in a collision between two cars of the defendant, when she was thrown violently to the floor, of the car in which she was a passenger…
2Cases cited5 opinions
- Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
- Borgerson v. Cook Stone Co.Supreme Court of Minnesota · 1903
- Daily v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1915
- Bosch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1915
- Demerce v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1913
3Cited by6 opinions
- Richardson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1924
- Smith v. Gray Motor Co.Supreme Court of Minnesota · 1926
- Parker v. FrybergerSupreme Court of Minnesota · 1925
- Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1916
- Fink v. Superior CourtCalifornia Court of Appeal · 1930
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