Clifford v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Big Stone county against defendant as a common carrier. The answer denied negligence on the part of defendant. The case was tried (defendant not appearing) before Flaherty, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for $800. Defendant moved to set aside the findings and order for judgment, and to vacate the judgment.
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Action in the district court for Big Stone county against defendant as a common carrier. The answer denied negligence on the part of defendant. The case was tried (defendant not appearing) before Flaherty, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for $800. Defendant moved to set aside the findings and order for judgment, and to vacate the judgment. From an order granting the motion and reinstating the case upon the calendar for trial at the nest general term of court, provided defendant paid $50 to plaintiff within fifteen days after filing the…
1Opinion of the CourtStart, C. J.
Appeal by plaintiff from an order of the district court of the county of Big Stone setting aside findings of fact and order for judgment in his favor; there being no appearance at the trial for the defendant. The action was one to recover damages for injuries to the plaintiff’s stallion by reason of defendant’s alleged negligence in transporting him over its railway line. The answer was a general denial.
*23The case was on the calendar for trial at the October, 1911, term of the court, and on October 12 it was reached in its order and tried by the court, a jury trial having been waived by the…
2Cases cited6 opinions
- McMurran v. BourneSupreme Court of Minnesota · 1900
- Sheldon v. RisedorphSupreme Court of Minnesota · 1877
- Crane & Ordway Co. v. SauntrySupreme Court of Minnesota · 1903
- Fink v. WoodsSupreme Court of Minnesota · 1907
- Forin v. City of DuluthSupreme Court of Minnesota · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dr. Shoop Family Medicine Co. v. OppligerSupreme Court of Minnesota · 1914