Anderson v. Duluth & Iron Range Railroad
Supreme Court of Minnesota
Action in the district court for St. Louis county by the administratrix of the estate of Albert Johnson, deceased, to recover $5,000 for the death of her intestate. The reply was a general denial.
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Action in the district court for St. Louis county by the administratrix of the estate of Albert Johnson, deceased, to recover $5,000 for the death of her intestate. The reply was a general denial. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $2,437.50. Erom an order denying, •defendant’s motion for judgment notwithstanding the verdict, but granting a new trial unless plaintiff consented to a reduction of the verdict to $2,000, it appealed.
1Opinion of the CourtStart, C. J.
On the evening of November 2, 1909, at 7:10 o’clock, the plaintiff’s intestate was killed by being struck by the passenger train of the defendant at a crossing of its railroad and a public highway, a •county road. This is an action to recover damages sustained by his next of kin by his death, on the ground that it was caused by the alleged negligence of the defendant, in that it backed its train •over the crossing at a high and dangerous rate of speed, and in failing to give sufficient and timely signals of its approach. The *347answer denied the alleged negligence, and affirmatively alleged that…
2Cases cited2 opinions
- Knudson v. Great Northern Railway Co.Supreme Court of Minnesota · 1911
- Gilbert v. City of TracySupreme Court of Minnesota · 1911
3Cited by8 opinions
- Zenner v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Oxborough v. the Murphy Transfer Storage CoSupreme Court of Minnesota · 1935
- Landy v. Olson & Serley Sash & Door Co.Supreme Court of Minnesota · 1927
- Tegels v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- Green v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
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