McGillivray v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $25,000 for injuries received while in the employ of defendant. The case was tried before Dancer, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action. From the order of dismissal, plaintiff appealed.
1Opinion of the CourtBunn, J.
This appeal is by plaintiff from an order denying a new trial. The action was dismissed at the close of plaintiff’s case on the ground fhat the evidence would not sustain a verdict for plaintiff. The question for our decisión is whether or not this ruling was right.
The case as it stood when the motion to dismiss was granted may be stated as follows: Plaintiff was the fireman on an engine of defendant that was pulling a passenger train between the cities of Grand Eapids and Virginia, Minnesota. Between these points defendant’s railroad passes over at grade a highway crossing at the flag…
2Cases cited2 opinions
- Lehman v. Dwyer Plumbing & Heating Co.Supreme Court of Minnesota · 1908
- Ulseth v. Crookston Lumber Co.Supreme Court of Minnesota · 1906
3Cited by8 opinions
- Kleinman v. Banner Laundry Co.Supreme Court of Minnesota · 1921
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Alling v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1923
- Smock v. Mankato Elks ClubSupreme Court of Minnesota · 1938
- McGillivray v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
3 more not listed; retrieve them via the Exa API.