Walters v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Wright county to recover $15,000 for personal injuries. The case was tried before Tarbox, J., and a jury, which rendered a verdict in favor of plaintiff for $3,300. The court made an order granting a motion for a new trial unless plaintiff would consent to a reduction of the verdict to $1,000. Plaintiff having consented to such reduction, judgment was entered in his favor for the reduced amount. From the judgment, defendant appealed.
1Opinion of the Court
START, O. J.
The plaintiff on December 4, 1897, was injured while in the act of crossing the defendant’s railway track at a farm crossing. The *507planks between the rails at the crossing had been previously removed, and the plaintiff’s bob sleds dropped between the rails and were caught fast, whereby he was thrown from a load of hay upon which he was standing and driving his team. This action was brought to recover damages for such injury. There was a verdict for the plaintiff for $8,300, and the defendant made an alternative motion for judgment notwithstanding the verdict, or for a new trial.…
2Cases cited4 opinions
- Lillstrom v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
- O'Dea v. City of WinonaSupreme Court of Minnesota · 1889
- First National Bank v. JaggerSupreme Court of Minnesota · 1889
- McDonough v. Hennepin County Catholic Building & Loan Ass'nSupreme Court of Minnesota · 1895
3Cited by2 opinions
- City of South St. Paul v. Northern States Power Co.Supreme Court of Minnesota · 1933
- Murray v. NickersonSupreme Court of Minnesota · 1903