Fitzgerald v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis County by the adminis-tratrix of the estate of George V. Fitzgerald, deceased, to recover $25,000 for the death of her intestate. The case was tried before Cant, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $14,064. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtDibell, J.
Action under the Federal Employers Liability Act to recover damages for the death of the plaintiff’s intestate. There was a verdict for the plaintiff and the defendant appeals from the order denying its alternative motion for judgment or a new trial.
There are four questions:(1) Whether the plaintiff’s intestate was employed by the defendant in interstate commerce as charged by the court.(2) Whether the evidence sustains the jury’s finding that the defendant was negligent.
*414(3) Whether as a matter of law the intestate assumed the risk which resulted in his death, or was guilty of negligence…
2Cases cited6 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Erie Railroad v. CollinsSupreme Court of the United States · 1920
- Erie Railroad v. SzarySupreme Court of the United States · 1920
- Philadelphia & Reading Railway Co. v. Di DonatoSupreme Court of the United States · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Elder v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1935
- Albright v. Pennsylvania R.Court of Appeals of Maryland · 1944
- Holweger v. Great Northern Railway Co.Supreme Court of Minnesota · 1964
- Nichols v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1933
- Southern Ry. Co. v. VarnellSupreme Court of Alabama · 1930
1 more not listed; retrieve them via the Exa API.