Bodin v. Duluth Street Railway Co.
Supreme Court of Minnesota
Action by tbe administrator of the estate of Carl Upstrom, deceased, to recover $5,000 for the death of his intestate. The answer alleged that the accident was due to the negligence of deceased. The reply was a general denial.
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Action by tbe administrator of the estate of Carl Upstrom, deceased, to recover $5,000 for the death of his intestate. The answer alleged that the accident was due to the negligence of deceased. The reply was a general denial. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for $1,000. Defendant’s alternative motion for judgment was denied, and that for a new trial was granted, unless plaintiff consented to a reduction of the verdict to $2,000. Plaintiff consented. Erom the order denying judgment notwithstanding the verdict or for a new trial,…
1Opinion of the CourtHolt, J.
The action is for injuries resulting in the death of plaintiff’s intestate through the alleged negligence of the defendant. The trial resulted in a verdict of $4,000. The defendant’s motion for judgment notwithstanding the verdict was denied; also the alternative motion for a new trial, if plaintiff remitted $2,000 from the verdict. Plaintiff remitted, and defendant appeals.
The defendant is a street railway company operating by electric power a line, among others, between Duluth and West Superior upon a street called Garfield avenue. The north-bound track of the line is east of the center of…
2Cases cited12 opinions
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Saunders v. City & Suburban RailroadTennessee Supreme Court · 1897
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Consolidated Traction Co. v. GlynnSupreme Court of New Jersey · 1896
- Holden v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Day v. Duluth Street Railway Co.Supreme Court of Minnesota · 1913
- Nelson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1912
- Webster v. St. Paul City Railway Co.Supreme Court of Minnesota · 1954
- McKenzie v. Duluth Street Railway Co.Supreme Court of Minnesota · 1915