Bjoraker v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $20,000 damages for personal injuries. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $5,000. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.
1Opinion of the CourtElliott, J.
This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant railway company. The plaintiff recovered a verdict and the appeal is from, an order denying the defendants’ motion for judgment notwithstanding the verdict or for a new trial.
We regret to. say that it is necessary to send this case back for a retrial because of the misconduct of counsel for the plaintiff in using improper and prejudicial language in his address to the jury. Among other things, the plaintiff’s counsel said:
“Is it natural — is it just — to want this…
2Cases cited3 opinions
- Wells v. MosesSupreme Court of Minnesota · 1902
- Bremer v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
- Martin v. Walter CourtneySupreme Court of Minnesota · 1900
3Cited by4 opinions
- Smith v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Reese v. Ross & Ross Auctioneers, Inc.Supreme Court of Minnesota · 1967
- Anderson v. Hawthorn Fuel Co.Supreme Court of Minnesota · 1938
- Hansen v. MallettNebraska Supreme Court · 1917