Palon v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Itasca county to recover $50,000 for wilful injury to plaintiff’s minor son. Tbe answer denied that the accident was caused by any negligent act of defendant and alleged that it was caused solely by the negligence of Kenneth Palón who was, at the time of the accident, a trespasser upon defendant’s right of way.
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Action in the district court for Itasca county to recover $50,000 for wilful injury to plaintiff’s minor son. Tbe answer denied that the accident was caused by any negligent act of defendant and alleged that it was caused solely by the negligence of Kenneth Palón who was, at the time of the accident, a trespasser upon defendant’s right of way. The case was tried before Wright, J., who denied defendant’s motion for a directed verdict in its favor and a jury which returned a verdict for $22,500. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial,…
1Opinion of the Court
Dibell, C.
This is an action by the plaintiff, Abram Palón, as the father and natural guardian of Kenneth Palón, his minor son, to recover damages for injuries sustained by the boy who was run over by one of defendant’s trains. There was a verdict for the plaintiff. The defendant appeals from the order denying its alternative motion for judgment or for a new trial.
1. The court instructed the jury that the boy Kenneth Palón was a trespasser upon the railway tracks of the defendant at the time of his injury. Under this instruction it was necessary, to sustain a recovery, to prove wilful…
2Cases cited1 opinion
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
3Cited by9 opinions
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- Olthoff v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Knapp v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1918
- Ashe v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1917
- Cargill Grain Co. v. Cleveland-Cliffs Steamship Co.Supreme Court of Minnesota · 1931
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