Legal Opinion

Twaddle v. Mendenhall

Supreme Court of Minnesota

Decided June 13, 1900No. Nos. 12,006—(132)PublishedCited by 7 opinions

Action in tbe district court for St. Louis county by plaintiff, as administrator of the estate of Arthur Twaddle, deceased, against defendant, as receiver of the Duluth Street Railway Company, insolvent, to recover $5,000 damages on account of the death of decedent. The case was tried before Moer, J., and a jury, which rendered a verdict .in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

1Opinion of the CourtCollins, J.

Plaintiff’s intestate, a fireman, was killed in a collision between a kook and ladder truck and a street car; the facts thereof being detailed in Warren v. Mendenhall, 77 Minn. 145, 79 N. W. 661, and this action was brought to recover damages on account of his death. There was a verdict for defendant, whereupon plaintiff’s counsel moved for a new trial upon two grounds — First, misconduct of the jury; and, second, irregularity in the proceedings, by which plaintiff was prevented from having a fair trial. The motion was made upon certain affidavits, and “upon all the files, records, and…

2Cases cited8 opinions

  1. Aldrich v. WetmoreSupreme Court of Minnesota · 1893
  2. Rush v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
  3. Woodbury v. City of AnokaSupreme Court of Minnesota · 1893
  4. Koehler v. ClearySupreme Court of Minnesota · 1877
  5. Warren v. MendenhallSupreme Court of Minnesota · 1899

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3Cited by7 opinions

  1. Schneider v. MoeOregon Supreme Court · 1935
  2. Thoreson v. QuinnSupreme Court of Minnesota · 1914
  3. Pierce v. BrennanSupreme Court of Minnesota · 1901
  4. Valencia v. Markham Co-Operative Assn.Supreme Court of Minnesota · 1941
  5. Elfert v. WittSouth Dakota Supreme Court · 1949

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