Legal Opinion

Olson v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided November 15, 1918No. 20,946PublishedCited by 3 opinions

Action in the district court for Swift county to recover $15,000 for injuries received while in defendant’s employ. The answer alleged contributory negligence on the part of plaintiff.

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Action in the district court for Swift county to recover $15,000 for injuries received while in defendant’s employ. The answer alleged contributory negligence on the part of plaintiff. The case was tried before Daly, J., and a jury which returned a verdict for $3,122. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $2,500. From the order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the Court

Taylor, C.

Plaintiff recovered a verdict for personal injuries, and defendant appealed from an order denying its motion for judgment notwithstanding the verdict or for a new trial.

The facts are simple and undisputed and the only question presented is whether they justify a finding that defendant was negligent.

1. Plaintiff was a sectionman. The crew of which he was a member had a handcar operated by a gasolene motor, and a “push-car” which was hauled behind the motor car as a trailer. A hook had been provided at the rear end of the motor car for use in attaching the trailer to it. To make a…

2Cases cited4 opinions

  1. Koschman v. AshSupreme Court of Minnesota · 1906
  2. Dessecker v. Phœnix Mills Co.Supreme Court of Minnesota · 1906
  3. Anderson v. Fred Johnson Co.Supreme Court of Minnesota · 1911
  4. Monsen v. CraneSupreme Court of Minnesota · 1906

3Cited by3 opinions

  1. In re WilcoxNew York Supreme Court · 1934
  2. Standard Acc. Ins. v. StanalandCourt of Appeals of Texas · 1926
  3. Natalino v. St. Paul Bridge & Terminal Railway Co.Supreme Court of Minnesota · 1933

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