McNamee v. Hines
Supreme Court of Minnesota
Action in district court for Pipestone county to recover $50,000. The case was tried before Nelson, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that it appeared there was no negligence on the part of defendant; that the accident occurred solely by reason of contributory negligence of plaintiff’s decedent; that as a matter of law plaintiff’s decedent assumed the risk of his injury and that even though it were found…
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Action in district court for Pipestone county to recover $50,000. The case was tried before Nelson, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that it appeared there was no negligence on the part of defendant; that the accident occurred solely by reason of contributory negligence of plaintiff’s decedent; that as a matter of law plaintiff’s decedent assumed the risk of his injury and that even though it were found there was negligence in the premises with respect to construction and maintenance of tracks, it appeared as a matter of law…
1Opinion of the Court
Taylor, C.
Alleging that the death of her intestate, Clyde' McNamee, resulted from the negligence of defendant, plaintiff sued for damages. The trial court submitted the case to the jury, who returned a verdict for plaintiff. Thereafter the court directed judgment for defendant notwithstanding the verdict and plaintiff appealed from the judgment so entered. The only question presented by the appeal is whether the evidence was sufficient to sustain the verdict.
*99Clyde McNamee was foreman of a switching crew in the yards of the Rock Island Railway Company at Council Bluffs, Iowa. The tracks in…
2Cases cited11 opinions
- Mitton v. Cargill Elevator Co.Supreme Court of Minnesota · 1913
- Moores v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Bruckman v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910
- La Pray v. Lavoris Chemical Co.Supreme Court of Minnesota · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ramberg v. MorganSupreme Court of Iowa · 1928
- Maher v. Duluth Yellow Cab Co.Supreme Court of Minnesota · 1927
- Hagsten v. SimbergSupreme Court of Minnesota · 1950
- Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937
- Smock v. Mankato Elks ClubSupreme Court of Minnesota · 1938
12 more not listed; retrieve them via the Exa API.