Bowers v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Pipestone county by the administratrix of the estate of CJifton Bowers, deceased, to recover $25,000 for the death of 'her intestate. The answer alleged that deceased met his death while trespassing upon the premises of defendant and that it was caused by his own want of due care.
Read the full summary
Action in the district court for Pipestone county by the administratrix of the estate of CJifton Bowers, deceased, to recover $25,000 for the death of 'her intestate. The answer alleged that deceased met his death while trespassing upon the premises of defendant and that it was caused by his own want of due care. The case was tried before Dean, J., who when plaintiff rested and at the close of the testimony denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $21,000. From an order denying its motion for judgment notwithstanding the verdict and granting…
1Opinion of the CourtHolt, J.
Defendant appeals from an order denying its motion, in the alternative, for judgment non obstante or a new trial.
Plaintiffs intestate, Clifton Bowers, and a companion were walking along one of defendant’s railroad tracks in Sioux City, Iowa, about 6:30 p. m. August 13, 1914, when a string of box cars, pushed by a locomotive in the direction in which the men were walking, overtook and killed them. The evidence presents this situation:
From east to west the streets are named, in their order: Iowa, Court, Virginia, Jennings, Jones and Jackson. From north to south are Third, Second and First…
2Cases cited14 opinions
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Lampkin v. McCormickSupreme Court of Louisiana · 1901
- Chesapeake & Ohio Railway Co. v. BoothCourt of Appeals of Kentucky · 1912
- Sou. Ry. v. Caplinger's Admr.Court of Appeals of Kentucky · 1913
- Wilcox v. BergmanSupreme Court of Minnesota · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Quam Ex Rel. Quam v. WengertNorth Dakota Supreme Court · 1957
- Jasinuk v. LombardSupreme Court of Minnesota · 1933
- McMahon v. FlynnSupreme Court of Minnesota · 1923
- Vukos v. Duluth Street Railway Co.Supreme Court of Minnesota · 1927
5 more not listed; retrieve them via the Exa API.