Kloppenburg v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Grant county to recover $31,875 for’ personal injury. Tbe answer set up the contributory negligence and assumption of risk on the part of plaintiff. The case was tried before Flaherty, J., who denied defendant’s motion for a directed verdiet and a jury which returned a verdict of $16,000 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtPhilip E. Brown, J.
Julius J. Kloppenburg sued to recover damages for personal injuries, claiming that on November 21, 1910, during the transportation of a car of live poultry from Hanldnson, North Dakota, to Chicago, and while he was riding therein, engaged in the discharge of his duties as caretaker accompanying the shipment in accordance with his contract for carriage, defendant negligently managed the train, so that the car was unnecessarily and violently jerked and bumped, causing him to fall to the floor, with resulting permanent injuries and incapacity. Defendant denied negligence and injury, and charged…
2Cases cited3 opinions
- Bolton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Stai v. SeldenSupreme Court of Minnesota · 1902
- Orcutt v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
3Cited by3 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
- Heed v. GummereIndiana Supreme Court · 1922