Swanson v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover f 10,000 for personal injuries. The answer set up a former judgment as a bar. Defendant moved for judgment on the pleadings. Plaintiff made a cross motion for leave to amend his reply and put in issue the plea of res judicata. The court, McGee, J., denied plaintiff’s L motion for the sole reason that the former judgment was a bar to the maintenance of the action, and for the same reason granted defendant’s motion.
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Action in the district court for Hennepin county to recover f 10,000 for personal injuries. The answer set up a former judgment as a bar. Defendant moved for judgment on the pleadings. Plaintiff made a cross motion for leave to amend his reply and put in issue the plea of res judicata. The court, McGee, J., denied plaintiff’s L motion for the sole reason that the former judgment was a bar to the maintenance of the action, and for the same reason granted defendant’s motion. From a judgment entered in pursuance of the order, dismissing the action, plaintiff appealed. The causes of action are…
1Opinion of the Court
COLLINS, .T. 1
This is the second action brought to recover for injuries plaintiff claims to have received while in defendant’s employ. To a complaint in the first a general demurrer was filed, and on appeal this court reversed an- order made below overruling the demurrer. Swanson v. Great Northern Ry. Co., 68 Minn. 184, 70 N. W. 978. We there held that the complaint did not contain facts sufficient to constitute a cause of action. Judgment of dismissal on the merits, with costs, was then rendered, and entered in the district court in defendant’s favor.
The allegations found in the complaint in…
2Cases cited7 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Swanson v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- West v. HennesseySupreme Court of Minnesota · 1894
- Terry v. HammondsCalifornia Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Driscoll v. Board of County CommissionersSupreme Court of Minnesota · 1925
- Van Slyke v. AndrewsSupreme Court of Minnesota · 1920
- McKnight v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
- Leonard v. SchallSupreme Court of Minnesota · 1916
5 more not listed; retrieve them via the Exa API.