Demerce v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by the administratrix of the estate of Timothy Demerce, deceased, to recover $7,500 for the death of her intestate. The facts and negligence alleged are ■stated in the opinion. The answer specifically denied that any of ■defendant’s cars or the couplings thereof were out of order, or that it was guilty of negligence in any manner, and alleged that the decedent was injured through his own negligence.
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Action in the district court for St. Louis county by the administratrix of the estate of Timothy Demerce, deceased, to recover $7,500 for the death of her intestate. The facts and negligence alleged are ■stated in the opinion. The answer specifically denied that any of ■defendant’s cars or the couplings thereof were out of order, or that it was guilty of negligence in any manner, and alleged that the decedent was injured through his own negligence. The case was tried before Hughes, J., who, at the close of the testimony, denied defendant’s motion for a directed verdict, and. a jury which…
1Opinion of the CourtHolt, J.
This is an appeal from a judgment awarding plaintiff damages for the death of her intestate by the defendant’s wrongful act. There was no motion for a new trial, hence the sole inquiry is: Does the evidence reasonably support the judgment?
The defendant confidently contends that the special verdict, returned in this case, destroys the general verdict and conclusively determines that no cause of action was proven, and secondly that, even if such conclusive effect be not given the special verdict, the judgment finds no reasonable support in the evidence.
The evidence either proved or tended to…
2Cases cited9 opinions
- Schuek v. HagarSupreme Court of Minnesota · 1877
- Borgerson v. Cook Stone Co.Supreme Court of Minnesota · 1903
- Krumdick v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1903
- Ready v. Peavy Elevator Co.Supreme Court of Minnesota · 1903
- Awde v. ColeSupreme Court of Minnesota · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mitton v. Cargill Elevator Co.Supreme Court of Minnesota · 1913
- Hurley v. Illinois Central RailroadSupreme Court of Minnesota · 1916
- Thompson v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1916
- Davis v. MosesSupreme Court of Minnesota · 1927
- Mitchell v. City of St. PaulSupreme Court of Minnesota · 1948
2 more not listed; retrieve them via the Exa API.