Burnside v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25;000 damages for personal injuries. Defendant in its answer alleged plaintiff’s injury was due to his failure to exercise proper care for his own safety.
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Action in the district court for Ramsey county to recover $25;000 damages for personal injuries. Defendant in its answer alleged plaintiff’s injury was due to his failure to exercise proper care for his own safety. The ease was tried before Ilallam, L, and a jury which returned a verdict in favor of plaintiff for $8,500. Defendant’s motion for judgment in its favor notwithstanding the verdict was denied, and its motion for a new trial, provided plaintiff consented to a reduction of the verdict to $5,500, was denied. Erom the judgment entered upon the reduced verdict, defendant appealed.
1Opinion of the Court
Start, C. J..
Appeal by tbe defendant from a judgment, based on a verdict for tbe plaintiff, of the district court of tbe county of Kamsey, in this, a personal injury action. There was on the trial but little conflict in tbe evidence as to tbe primary issues as to tbe alleged negligence of tbe respective parties.
Tbe evidence is sufficient to sustain a finding by the jury of tbe following evidentiary facts: Plaintiff was a shipper of stock, and on February 25, 1908, be was shipping three carloads of cattle from South Dakota to Illinois in a train over tbe defendant’s railway line. He…
2Cases cited3 opinions
- Stegner v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1905
- Holden v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- Farrell v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
3Cited by4 opinions
- Interstate Power Co. v. ThomasCourt of Appeals for the Eighth Circuit · 1931
- Faribault v. Northern States Power Co.Supreme Court of Minnesota · 1933
- Collar v. Bingham Lake Rural Telephone Co.Supreme Court of Minnesota · 1916
- Fox v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1913