Legal Opinion

Knapp v. Northern Pacific Railway Co.

Supreme Court of Minnesota

Decided February 15, 1918No. 20,701PublishedCited by 4 opinions

Action in the district court for Sherburne county by the administrator of the estate of Frank B. Knapp, deceased, to recover $7,500 for the death of. his intestate. In their answer • defendants denied wilful or careless operation of the locomotive or train.

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Action in the district court for Sherburne county by the administrator of the estate of Frank B. Knapp, deceased, to recover $7,500 for the death of. his intestate. In their answer • defendants denied wilful or careless operation of the locomotive or train. The case was tried before Gil-dings, J., who at the close of the testimony denied motions for a verdict in favor of each defendant, and a jury which returned a verdict for $2,000. Defendants’ motion.for judgment notwithstanding the verdict, on the ground that it conclusively appeared that decedent was guilty of contributory neglience, was…

1Opinion of the CourtHolt, J.

Plaintiff’s intestate, Frank B. Knapp, was killed when the automobile he was driving was struck by the west bound limited passenger train of defendant where its tracks are intersected, at about right angles, by one of the main traveled streets in the little village of Clear Lake, this state. In this action to recover damages sustained by his widow and next of kin, the court ordered judgment entered for defendant notwithstanding the verdict rendered for plaintiff, who appeals.

The learned trial court held that under the undisputed facts Mr. Knapp was guilty of contributory negligence, as a…

2Cases cited11 opinions

  1. Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
  2. Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
  3. Judson v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
  4. Schneider v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
  5. Havel v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Dreyer v. Otter Tail Power Co.Supreme Court of Minnesota · 1939
  2. Akerson v. Great Northern Railway Co.Supreme Court of Minnesota · 1924
  3. Richter v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1925
  4. Olin v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1925

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