Legal Opinion

Fonda v. St. Paul City Railway Co.

Supreme Court of Minnesota

Decided February 3, 1898No. Nos. 10,881-(262)PublishedCited by 102 opinions

Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying its alternative motion for judgment notwithstanding the verdict or for a new trial, after a verdict for the plaintiff for $17,640.30. Upon the evidence in this case the plaintiff was clearly guilty of contributory negligence.

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Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying its alternative motion for judgment notwithstanding the verdict or for a new trial, after a verdict for the plaintiff for $17,640.30. Upon the evidence in this case the plaintiff was clearly guilty of contributory negligence. O’Connell v. St. Paul, 64 Minn._ 466; Hickey v. St. Paul, 60 Minn. 119; Heffinger v. Minneapolis, 43 Minn. 503; Miller v. St. Paul, 42 Minn. 454; Reed v. Minnesota, 34 Minn. 557; Newark v. Block, 55 N. J. L. 605; Busby v. Philadelphia, 126 Pa. St. 159; Thomas v. Citizens, 132…

1Opinion of the CourtMitchell, J.

The plaintiff, a stranger to and not an employee of, the defendant, recovered a verdict for personal injuries caused by the alleged negligence of defendant’s servants; and from an order denying its motion for judgment notwithstanding the verdict, or for a new trial, the defendant appealed.

1. The first three assignments of error challenge the sufficiency of the evidence to justify the verdict, for the reasons, (1) that it failed to establish any negligence on the part of the defendant; and (2) that it conclusively appeared that the plaintiff himself was guilty of contributory negligence.

The…

2Cases cited5 opinions

  1. Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  2. Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
  3. Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
  4. Georgia Railroad v. WilliamsSupreme Court of Georgia · 1885
  5. Craven v. Central Pacific RailroadCalifornia Supreme Court · 1887

3Cited by102 opinions

  1. Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
  2. Beers v. Bayliner Marine Corp.Supreme Court of Connecticut · 1996
  3. Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
  4. Virginia Railway & Power Co. v. GodseySupreme Court of Virginia · 1915
  5. Falls v. MortensenOregon Supreme Court · 1956

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