Harris v. Hewitt
Supreme Court of Minnesota
Action in the district court for Washington county, Williston, J. The jury rendered a verdict in favor of plaintiff for $3,000. The court made an order granting a motion for a new trial, unless plaintiff consented to a reduction of the verdict to $1,200, and, in case of such consent, denying the motion. Plaintiff consented, and from the order denying his motion defendant appealed.
1Opinion of the CourtBuok, J.
This action is brought by the plaintiff to recover damages which he alleged he sustained by reason of the negligence of the defendant, who is the receiver of what is known as the Still-water Street-Bailway Company.
The defendant was operating the railway, and had control of the tracks upon which the cars of the company were run. During such time the plaintiff, while in the defendant’s employ as’ a motorman, was injured by reason of a defect in the defendant’s railway track. The particular defect consisted of a piece of rail about 18 inches *55long, which was broken off from a larger rail at the…
2Cases cited3 opinions
- Greene v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Rothenberger v. Northwestern Consolidated Milling Co.Supreme Court of Minnesota · 1894
- Leonard v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1896
3Cited by7 opinions
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Chicago, R. I. & P. Ry. Co. v. RogersSupreme Court of Oklahoma · 1916
- Atchison, Topeka & Santa Fe Railway Co. v. SledgeSupreme Court of Kansas · 1904
- McFarlan Carriage Co. v. PotterIndiana Court of Appeals · 1898
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