Legal Opinion

Bodin v. Duluth Street Railway Co.

Supreme Court of Minnesota

Decided May 24, 1912No. Nos. 17,549—(112)PublishedCited by 4 opinions

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

  1. Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
  2. Saunders v. City & Suburban RailroadTennessee Supreme Court · 1897
  3. Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
  4. Consolidated Traction Co. v. GlynnSupreme Court of New Jersey · 1896
  5. Holden v. Great Northern Railway Co.Supreme Court of Minnesota · 1908

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

3Cited by4 opinions

  1. Day v. Duluth Street Railway Co.Supreme Court of Minnesota · 1913
  2. Nelson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1912
  3. Webster v. St. Paul City Railway Co.Supreme Court of Minnesota · 1954
  4. McKenzie v. Duluth Street Railway Co.Supreme Court of Minnesota · 1915

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